This license does not impose any restrictions on the programs you write using the Software. The programs you create with the Software may be shared in any legal manner.
1. Preamble: This Agreement governs the relationship between a private person, company, or organization (hereinafter: Licensee) and Jeff Glenn, a private person (Hereinafter: Licensor). This Agreement sets the terms, rights, restrictions, and obligations on using the "Programmable Calculator" (hereinafter: Software) created and owned by Licensor, as detailed herein.
2. License Grant: Licensor hereby grants Licensee a Personal, Non-Assignable and Non-Transferable, Commercial, Royalty-free, Non-exclusive license, all in accordance with the terms set forth and other legal restrictions set forth in 3rd-party software used while running the Software.
2.1. Limited: Licensee may install the Software on one mobile device.
2.2. Binary Restricted: Licensee may not redistribute the Software.
2.3. Non-Assignable and Non-Transferable: Licensee may not assign or transfer his rights and duties under this license.
2.4. Commercial, Royalty-Free: Licensee may use the Software for any purpose, including paid-services, without any royalties.
3. Term and Termination: The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee's license in the case where:
3.1. Licensee exported the Software to any jurisdiction where Licensor may not enforce his rights under this agreement; or
3.2. Licensee was in breach of any of this license's terms and conditions and such breach was not cured, immediately upon notification; or
3.3. Licensee was in breach of any of the terms of clause 2 of this license; or
3.4. Licensee otherwise entered into any arrangement which caused Licensor to be unable to enforce his rights under this license.
4. Payment: In consideration of the license granted under clause 2, Licensee shall pay Licensor, via Credit-Card, PayPal, or any other means which Licensor may deem adequate. Failure to perform payment shall construe as material breach of this Agreement.
5. Upgrades, Updates, and Fixes: Licensor may provide Licensee, from time to time, with Upgrades, Updates, or Fixes, as detailed herein and according to his sole discretion. Licensee hereby warrants to keep the Software up-to-date and install all relevant upgrades, updates, and fixes. Licensor shall provide any Upgrade, Update, or Fix free of charge; however, nothing in this Agreement shall require Licensor to provide Upgrades, Updates, or Fixes.
5.1. Upgrades: For the purpose of this license, an Upgrade shall be a major amendment in the Software, which contains new features and/or major performance improvements and shall be marked as a new version number. For example, should Licensee purchase the Software under version 1.X.X, an Upgrade would be marked as version number 2.0.0.
5.2. Updates: For the purpose of this license, an Update shall be a minor amendment in the Software, which may contain new features and/or minor improvements, and shall be marked as a new minor version number. For example, should Licensee purchase the Software under version 1.1.X, an Update would be marked as version 1.2.0.
5.3. Fix: For the purpose of this license, a Fix shall be a small amendment in the Software, intended to remove bugs and/or alter minor features which impair the the Software's functionality. A Fix shall be marked as a new build number. For example, should Licensee purchase the Software under version 1.1.1, a Fix would be marked as version 1.1.2.
6. Support: The Software is provided on an AS-IS basis and without any support, updates, or maintenance. Nothing in this Agreement shall require Licensor to provide Licensee with support or fixes for any bug, failure, mis-performance, or other defect in the Software.
6.1. Bug Notification: Licensee should provide Licensor with details regarding any bug, defect, or failure in the Software promptly and with no delay from such event; Licensee shall comply with Licensor's request for information regarding bugs, defects, or failures and furnish him with information, screenshots, and steps to reproduce such bugs, defects, or failures.
6.2. Feature Request: Licensee may request additional features in the Software, provided, however, that (i) Licensee shall waive any claim or right in such feature should the feature be developed by Licensor; (ii) Licensee shall be prohibited from developing the feature, or disclose such feature request, or feature, to any 3rd party directly competing with Licensor or any 3rd party which may be, following the development of such feature, in direct competition with Licensor; (iii) Licensee warrants that feature does not infringe any 3rd-party patent, trademark, trade-secret, or any other intellectual property right; and (iv) Licensee developed, envisioned, or created the feature solely by himself.
7. Liability: To the extent permitted under Law, the Software is provided on an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense, or any other payment incurred by Licensee as a result of the Software's actions, failure, bugs, and/or any other interaction between the Software and Licensee's end-equipment, computers, other software, or any 3rd party end-equipment, computer, or services. Moreover, Licensor shall never be liable for any defect in programs written by Licensee when using the Software.
8. Warranty:
8.1. Intellectual Property: Licensor hereby warrants that the Software does not violate or infringe any 3rd-party claims in regards to intellectual property, patents, and/or trademarks and that to the best of his knowledge, no legal action has been taken against him for any infringement or violation of any 3rd-party intellectual property rights.
8.2. No Warranty: The Software is provided without any warranty; Licensor hereby disclaims any warranty that the Software shall be error-free, without defects, or which may cause damage to Licensee's device or to Licensee, and that the Software shall be functional. Licensee shall be solely liable for any damage, defect, or loss incurred as a result of operating the Software and undertakes the risks contained in running the Software on Licensee's device.
8.3. Prior Inspection: Licensee hereby states that he inspected the Software thoroughly and found it satisfactory and adequate to his needs, that it does not interfere with his regular operation, and that it does meet the standards and scope of his device. Licensee found that the Software interacts with his device and that it does not infringe on any End-User License Agreement of any software Licensee may use in performing his services. Licensee hereby waives any claims regarding the Software's incompatibility, performance, results, and features, and warrants that he inspected the the Software.
9. No Refunds: Licensee warrants that he inspected the Software according to clause 8.3 and that it is adequate for his needs. Accordingly, as the Software is intangible goods, Licensee shall not be, ever, entitled to any refund, rebate, compensation, or restitution for any reason whatsoever, even if the Software contains material flaws.
10. Indemnification: Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against him in regards to Licensee's use of the Software in means that violate, breach, or otherwise circumvent this license, Licensor's intellectual property rights, or Licensor's title in the Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee's consent prior to any settlement in relation to such lawsuit or claim.
11. Governing Law, Jurisdiction: Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost, or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.