License and Limited Warranty

for  tsprof, pmprof version 2
BitWagon Software, L.L.C.


LICENSE

 
This Program and user manual are owned by BitWagon Software, L.L.C.  In return for the price of the product, a non-exclusive License to use this Program and documentation is granted to the Licensee on the following terms:

        (1)     The program and documentation may not be used, copied, modified, assigned or transferred except as expressly provided in this license.
        (2)     Each License allows the use of the Program on only one named computer (node-locked license).
        (3)     The documentation may be copied to support the use of the Program.
        (4)     The Program may not be decompiled, disassembled, cross-compiled, adapted, or modified in any way.
        (5)     The files and information that are distributed in the directory named  src may be used, copied, modified, and distributed under the terms of the GNU General Public License version 2 for the Linux kernel files, or the GNU Lesser General Public License version 2.1 for  non-kernel files.
        (6)     All intellectual property rights in the Program and user manual are owned by Licensor. Without limiting the generality of the preceding sentence, the Program and user manuals are copyrighted and may not be copied except as specifically allowed by this License, for backup, and to load the Program into a computer as part of executing the Program. All other copies of the Program and any copy of the user manual are in violation of this License. The copyright protection includes all forms and matters of copyrightable material and information now allowed by statutory or common law or hereinafter granted, including, without limitation, material generated from the Program that is displayed on the screen such as icons and screen displays.
         (7)   U.S. GOVERNMENT RESTRICTED RIGHTS.  The program and documentation are provided with RESTRICTED RIGHTS.  As defined in 48 CFR 2.101 (October 1995), the Software is a "commercial item" consisting of "commmercial computer software" and "commercial computer software documentation;" see 48 CFR 12.212 (September 1995). In accordance with 48 CFR 12.212 and 48 CFR 227.7202-1 through 227.7202-4 (June 1995), all United States Government End Users acquire the Software with only those rights enumerated in this License.

LIMITED WARRANTY

        What Is Covered:

        Licensor provides a limited warranty to the Licensee that the Program will perform substantially in accordance with the user manual accompanying the Program (subject to the limitations noted in the user manual).

        For How Long:

        The limited warranty covering the Program is made for 30 days from the date of the original delivery to the Licensee.

        Limitation on Remedies:

        Licensor will, at its sole option, either replace or correct the Program if it does not perform substantially in accordance with the user manual.  If Licensor is unable to provide a corrected Program within a reasonable time, Licensor will, at its sole and exclusive option, either replace the Programs with a functionally equivalent Program without charge or refund the fees paid for licensing the Program. These are the sole and exclusive remedies for any breach of warranty.

        In cases where Licensor refunds the fees paid for licensing the Program, then the License terminates, and Licensee agrees to stop using the Program and documentation, and to remove, delete, or destroy all copies.

        What Licensor Will Not Do:

        Licensor does not warrant that the Program will meet your requirements or that the operation of the Program will be uninterrupted or error free. The Program's warranty does not cover any Program that has been altered or changed in any way. Licensor is not responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems that are made after the release of the Program, nor for problems in the interaction of Licensor's Program with other software.

        Limitation of Implied Warranties:

        ALL IMPLIED WARRANTIES COVERING THE PROGRAM, INCLUDING ANY WARRANTY OF MERCHANTABILITY, ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF ORIGINAL DELIVERY.
        LICENSEE AGREES THAT THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OF LICENSOR.
        LICENSOR DISCLAIMS ALL WARRANTIES THAT ARE NOT EXPRESSED IN THIS LICENSE.
        LICENSOR GIVES NO WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR USE.

LIMITATION OF REMEDIES AND LIABILITY

        Neither licensor nor anyone else who has been involved in the creation, production, or delivery of the program shall be liable for any consequential or incidental damages, nor any lost profits, lost savings, or loss of anticipated benefits, arising out of the use of or inability to use the program.  These limitations apply to all claims arising out of contract, negligence, strict liability tort, or under any warranty. Licensor's liability for damages in no event shall exceed the license fee paid for the right to use the program.
        Some states do not allow limitations on how long an implied warranty lasts and some states do not allow the exclusions or limitations of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
 

GENERAL

        If any of the provisions or portions thereof of this License and limited warranty are invalid or unenforceable under any applicable statute or rule or law, they are to that extent to be deemed omitted.
        The agents, employees, distributors, and dealers of Licensor are not authorized to modify this License and limited warranty.
        The United Nations Convention on the International Sale of Goods does not apply to the Program, this License, and/or the transaction(s) involving them.
        The laws of the State of Oregon, USA shall apply to all disputes directly or indirectly out of this License and limited warranty or the use of the Program.  The Courts of the State of Oregon shall have exclusive jurisdiction over all disputes. No action for any breach of the above warranties may be commenced more than one year following the expiration date of the above warranties.
        Licensee acknowledges that licensee has read this license, and limited warranty, understands it, and agrees to be bound by its terms. Licensee further agrees that the license is a complete and exclusive statement of the agreement between licensee and licensor and that it supersedes all prior and contemporaneous agreements, negotiations, discussions, and proposals, oral or written, communications relating to the subject matter of this license.


2002-10-10