Software Licence

VB RezQ - PRODUCT LICENCE INFORMATION

NOTICE TO USERS: PLEASE CAREFULLY READ THE FOLLOWING LEGAL 
AGREEMENT. USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT 
(THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. 
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS 
AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. USER'S 
USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER 
WITH THE TERMS OF THIS AGREEMENT.

LICENCE GRANT. ThunderPeek grants you a licence to use one copy of the 
version of this SOFTWARE on any one hardware product for as many 
licences as you purchase. "You" means the company, entity or 
individual whose funds are used to pay the licence fee. "Use" means 
storing, loading, installing, executing or displaying the SOFTWARE. 
You may not modify the SOFTWARE or disable any licensing or control 
features of the SOFTWARE except as an intended part of the SOFTWARE's 
programming features. You may not share the Software on a network or 
otherwise use it on more than one computer or computer terminal. This 
licence is not transferable to any other hardware product or other 
company, entity, or individual.

OWNERSHIP. The SOFTWARE is owned and copyrighted by ThunderPeek. Your 
licence confers no title or ownership in the SOFTWARE and should not 
be construed as a sale of any right in the SOFTWARE.

COPYRIGHT. The SOFTWARE is protected by international copyright law 
and treaty provisions. You acknowledge that no title to the 
intellectual property in the SOFTWARE is transferred to you. You 
further acknowledge that title and full ownership rights to the 
SOFTWARE will remain the exclusive property of [Company] and you will 
not acquire any rights to the SOFTWARE except as expressly set forth 
in this licence. You agree that any copies of the SOFTWARE will 
contain the same proprietary notices which appear on and in the 
SOFTWARE.

UNAUTHORIZED USE. You may not use, copy, loan, rent, lease, sell, 
modify, adapt, translate, decompile, disassemble, otherwise reverse 
engineer, or transfer the SOFTWARE except as provided in this 
agreement. Any such unauthorized use shall result in immediate and 
automatic termination of this licence.

LIMITED WARRANTY. THIS SOFTWARE IS PROVIDED ON AN "AS IS" 
BASIS. THUNDERPEEK DISCLAIMS ALL WARRANTIES RELATING TO 
THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT 
NOT LIMITED TO ANY IMPLIED WARRANTIES AS TO NON-INFRINGEMENT 
OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR ANY 
PARTICULAR PURPOSE. NEITHER THUNDERPEEK NOR ANYONE ELSE 
WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR 
DELIVERY OF THIS SOFTWARE SHALL BE LIABLE TO YOU FOR ANY 
INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE 
DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH 
SOFTWARE, EVEN IF THUNDERPEEK HAS BEEN ADVISED OF THE 
POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE 
SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF 
THE SOFTWARE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF 
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS 
OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT 
LIABILITY IS BY LAW INCAPABLE OF EXCLUSION OR RESTRICTION.

IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENCE 
FEE PAID BY YOU TO THUNDERPEEK.

SEVERABILITY. In the event of invalidity of any provision of this 
licence, the parties agree that such invalidity shall not affect the 
validity of the remaining portions of this licence.

GOVERNING LAW. This agreement shall be governed by the laws of England. 

ENTIRE AGREEMENT. This is the entire agreement between you and 
ThunderPeek which supersedes any prior agreement or understanding, 
whether written or oral, relating to the subject matter of this 
licence.

RESERVED RIGHTS. All rights not expressly granted here are reserved 
to ThunderPeek.

This Agreement shall terminate automatically upon failure by you to 
comply with its terms.

MAINTENANCE AND UPGRADES. ThunderPeek hereby expressly disclaims any 
obligation to provide maintenance, patches or fixes to the ThunderPeek 
Products. ThunderPeek may from time to time prepare and distribute 
modifications, enhancements, updates and new releases. ThunderPeek 
shall have no obligation to provide such modifications, enhancements, 
updates and new releases to the user hereunder, but may make such 
modifications, enhancements, updates and new releases available to 
the user on such terms and conditions as ThunderPeek may determine, 
acting in its sole discretion.
 
ACKNOWLEDGEMENTS. BY USING THE SOFTWARE, YOU ACKNOWLEDGE 
THAT YOU HAVE READ THIS LICENCE AGREEMENT, UNDERSTAND IT, 
AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO 
AGREE THAT THE LIMITED WARRANTY IS THE COMPLETE AND 
EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND 
SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR 
WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES 
RELATING TO THE SUBJECT MATTER OF THE LIMITED WARRANTY.
