CFMagic - Trail Downloads - The Best In ColdFusion Applications

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             CFMAGIC FREEWARE LICENSE AGREEMENT
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This document represents a Legal Agreement between YOU 
(either as an individual or a single entity) and CFMAGIC 
for a FREEWARE SOFTWARE product , which includes 
computer software and may include associated media, printed 
materials, and "online" or electronic documentation 
("SOFTWARE"). By downloading, installing, copying, 
accessing or otherwise using the SOFTWARE, YOU agree to be 
bound by the terms of this LICENSE AGREEMENT. If YOU do not 
agree to the terms of this license agreement, DO NOT 
DOWNLOAD, INSTALL OR USE THE SOFTWARE.

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SOFTWARE END USER LICENSE
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The SOFTWARE is protected by national copyright laws and 
international treaties, as well as other intellectual 
property laws and treaties. The SOFTWARE IS LICENSED, NOT 
SOLD.

1. GRANT OF LICENSE: 
    
Subject to the remaining terms of this agreement, YOU, as 
an individual are granted a personal, sole, nonexclusive, 
nontransferable license to use the SOFTWARE on one computer 
with one domain name or multiple domain names pointing to 
same TCP/IP Address, BUT NOT BOTH. If you are a corporation 
or other non-individual entity, you shall designate one 
individual within your organization who shall have the 
above right to use the SOFTWARE. All use of the 
SOFTWARE is subject to the requirement that the person
accessing the SOFTWARE is the designated user or his 
authorized delegate pursuant to this LICENSE AGREEMENT.

2. COPIES: 
    
You may make additional copies of the SOFTWARE necessarily 
incidental to the use of the program or for archival 
purposes provided each such copy shall be treated in the 
same manner as the terms and conditions contemplated by 
this LICENSE AGREEMENT. You may not permit other 
individuals to use the SOFTWARE except in accordance with 
the terms of this AGREEMENT. You may not remove any 
proprietary notices, agreements or labels on or 
accompanying the SOFTWARE.
        
3. BREACH:
    
This AGREEMENT will automatically terminate if you 
materially breach any provision of this AGREEMENT including 
non-payment of the license fee. Upon termination, you agree 
to cease all use of the SOFTWARE and to destroy all 
associated written materials and copies of the SOFTWARE in 
your possession and provide CFMAGIC with written 
confirmation of such actions having been taken..
       
4. OWNERSHIP AND RESTRICTIONS: 
    
The SOFTWARE is owned by CFMAGIC; this LICENSE AGREEMENT 
does not constitute a sale of the SOFTWARE. The SOFTWARE is 
protected by copyright law, and its structure, organization 
and code are valuable trademarks of CFMAGIC. You may not 
rent, lease, or sublicense the SOFTWARE. You may not 
reverse engineer, decompile, translate, decrypt encrypted 
pages or disassemble the SOFTWARE. This AGREEMENT is not 
assignable or transferable without the express written 
consent of CFMAGIC. This AGREEMENT may be modified only in 
writing signed by an authorized employee of CFMAGIC.

5. WARRANTY DISCLAIMER:

CFMAGIC makes no warranties or representation, either 
express or implied, regarding merchantability, performance, 
functionality or fitness for a particular purpose with 
respect to the SOFTWARE, and any accompanying written 
materials. USE OF THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK!
    
6. LIMITATION OF LIABILITY:

a. CFMAGIC shall not be liable to YOU for any loss or 
damage howsoever caused arising directly or indirectly in 
connection with this LICENSE, the SOFTWARE, its use or 
otherwise, except to the extent that such liability may not 
be lawfully excluded under the applicable law. 
    
b. Notwithstanding the generality of (a) above, CFMAGIC 
expressly excludes liability for indirect, special, 
incidental or consequential loss or damage which may arise 
in respect of the SOFTWARE, its use, in respect of other 
equipment or property, or for loss of profit, business 
revenue, goodwill or anticipated savings. 
    
c. YOU UNDERSTAND THAT THE SOFTWARE MAY HAVE ERRORS AND
PRODUCE UNEXPECTED RESULTS.  YOUR USE OF THE SOFTWARE IS
ENTIRELY AT YOUR OWN RISK.
    
7. FORCE MAJEURE: 
        
CFMAGIC shall be under no liability to YOU in respect of 
anything which, apart from this provision, may constitute 
breach of this LICENSE AGREEMENT arising by reason of force 
majeure.

8. U.S. GOVERNMENT RESTRICTED RIGHTS:

The SOFTWARE and/or user documentation are provided with 
RESTRICTED AND LIMITED RIGHTS. Use, duplication, or 
disclosure by the U.S. Government is subject to 
restrictions as set for the FAR 52.227-14 (June 1987)
alternate III(g)(3) (June 1987), FAR 52.227-19 (June, 
1987), or DFARS 252.227-7013(1)(ii) (June, 1987, as 
applicable. Contractor is: CFMAGIC.COM, 507 Farmingdale Rd. Huntsville, AL 35803. 
        
9. APPLICABLE LAW:

This LICENSE AGREEMENT shall be interpreted in accordance 
with, and governed by, the laws in force in the United 
States of America, excluding the application of its 
conflict of law rules. If any provision of this AGREEMENT 
shall be held invalid, unlawful or unenforceable, such 
provision shall to that extent be severed from the 
remaining terms so that this AGREEMENT shall otherwise 
remain in full force and effect, and enforceable.

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