Gantt Designer - License Agreement

LICENSE TO USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.

YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY TO YOU AND ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER:

IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION IMMEDIATELY, AND DO NOT USE THIS SOFTWARE.

1. SOFTWARE COVERED BY THIS LICENSE

This license agreement ("Agreement") applies only to the version of the Gantt Designer software package with which this Agreement is included by Timios Ideas LLP.

2. CONDITIONS OF LICENSE.

(a) Original Distribution Package Necessary.

In order to qualify for the free use license described below, you must have downloaded or received Gantt Designer in the form of an original distribution package as distributed by Timios Ideas LLP, including all files contained in such package ("Original Distribution Package"). Current Original Distribution Packages for Gantt Designer are available from http://timios.net/Gantt. Copies of Gantt Designer not received in the form of an Original Distribution Package are not licensed for use, copying or transmission by you or others.

(b) You may, free of charge:

"Proper use" of Gantt Designer is use of the program fully in accordance with Timios Ideas guidelines, as such guidelines may be changed, clarified or corrected by Timios Ideas LLP from time to time. If you have any questions as to proper use of this program, or other guidelines regarding use of the terms, you may contact Timios Ideas LLP via the contact information available at http://timios.net/Gantt.

(c) You may not:

(d) All rights not expressly granted by Timios Ideas LLP in this Agreement are entirely and exclusively reserved to Timios Ideas LLP.

3. SUPPORT. Gantt Designer contains online help information. However, hard-copy documentation, telephone assistance and other support are not available under this free license.

4. GANTT DESIGNER FILE FORMAT AND OTHER LICENSES.

(a) The Gantt Designer file formats are data file formats that are owned by solely by Timios Ideas LLP, and specified and changed from time to time solely by Timios Ideas LLP.

(b) This Gantt Designer program, as distributed in this Original Distribution Package and when properly used as designated solely by Timios Ideas LLP, is intended to create data files in Gantt file format(s) endorsed by Timios Ideas LLP at the time this Original Distribution Package was first made publicly available. Timios Ideas LLP reserves the right to change any file format at any time at its sole discretion.

5. DISCLAIMER OF WARRANTY. TIMIOS IDEAS LLP DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST GANTT DESIGNER BEFORE ANY LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING GANTT DEISGNER AND DISTRIBUTING FILES CREATED THROUGH USE OF GANTT DESIGNER, AND THAT IF YOU USE GANTT DESIGNER, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF GANTT DESIGNER IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT.

6. LIMITATION OF LIABILITY. IN NO EVENT SHALL TIMOS IDEAS, OR ITS OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF GANTT DESIGNER, FILES CREATED USING GANTT DESIGNER, OR YOUR RELATIONSHIP WITH TIMIOS IDEAS LLP.

7. TITLE. Timios Ideas LLP or its licensors own the Gantt Designer software, all other materials in this Gantt Designer Original Distribution Package and the Gantt Designer File Format, under the copyright, trademark, and trade secret laws and all other laws that may apply.

8. TERMINATION. The license will terminate automatically if you fail to comply with any of the limitations, conditions or obligations described herein. On termination, you must destroy all copies of the Gantt Designer software and all other materials in this Gantt Designer Original Distribution Package and, at Timios Ideas LLP's sole discretion, any or all of the files created by you using Gantt Designer and distributed to others.

9. HIGH RISK ACTIVITIES. Gantt Designer is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in but not limited to the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Gantt Designer could lead directly to death, personal injury, or severe physical or environmental damage. Timios Ideas LLP specifically disclaims any express or implied warranty of fitness for High Risk Activities.

10. GENERAL. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between you and Timios Ideas LLP. Waiver by Timios Ideas LLP of any violation of any provision of this Agreement shall not be deemed to waive any further or future violation of the same or any other provision. This Agreement and any dispute relating to Timios Ideas LLP or to this Agreement shall be governed by the laws of the Republic of Singapore. You agree and consent that jurisdiction and proper venue for all claims, actions and proceedings of any kind relating to Timios Ideas LLP or the matters in this Agreement shall be exclusively in courts located in Singapore. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you agree that the remainder of the Agreement shall be fully enforceable as if the unenforceable part or provision never existed. There are no third party beneficiaries of any promises, obligations or representations made by Timios Ideas LLP herein.

Effective April 27, 2006

 

© ΤΙΜΙΟΣ Ideas, 2006