ABCTextPack Alpha Release End User License Agreement (EULA)

Read This Carefully Before Installing The Software!

This agreement applies to the (SOFTWARE PRODUCT) which is the "ABCTextPack Package" application or any variant of it if it's purchased separately, as listed in the following product list: 

"ABC Docs", 
"ABC Diary",
"ABC Journal", 
"ABC Memos", 
"ABC Notes", 
"ABC Private",
"ABC Safe", 
"ABC SysInfo",
"ABC Texts",
"ABC Treo".


THIS IS A LEGAL AGREEMENT BETWEEN YOU (either an individual or a single entity) AND BINAR d.o.o.. (BINAR). BY INSTALLING OR USING THE SOFTWARE YOU CONSENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY DELETE ALL YOUR COPIES OF THIS SOFTWARE PRODUCT.

GRANT:
======
Depending on the SOFTWARE PRODUCT release (as stated on the "About" screen of the SOFTWARE PRODUCT, this license is provided as:

(1) ALPHA-RELEASE TEST PERIOD LICENSE: BINAR grants you a non-exclusive, non-transferable, worldwide license to use the a single copy of the ALPHA-RELEASE SOFTWARE PRODUCT free of charge for the purpose of testing, having fun and/or evaluating whether to purchase an ongoing license to use the SOFTWARE PRODUCT. This free alpha testing period license for use by or on behalf of a commercial entity or for personal use expires on (31.Oct 2005). You agree that the Alpha-Release Versions are not suitable for production use and may contain errors affecting their proper operation.

(2) BETA-RELEASE TEST PERIOD LICENSE: BINAR grants you a non-exclusive, non-transferable, worldwide license to use the a single copy of the BETA-RELEASE SOFTWARE PRODUCT free of charge for the purpose of testing, having fun and/or evaluating whether to purchase an ongoing license to use the SOFTWARE PRODUCT. This free beta testing period license for use by or on behalf of a commercial entity or for personal use expires on (30.Nov 2005). You agree that the Beta Release Versions are not suitable for production use and may contain errors affecting their proper operation. 

(3) DEMO-RELEASE 21 DAYS TRIAL PERIOD LICENSE: BINAR grants you a non-exclusive, non-transferable, worldwide license to use the a single copy of the DEMO-RELEASE SOFTWARE PRODUCT free of charge for the purpose of testing, having fun and/or evaluating whether to purchase an ongoing license to use the FULL-RELEASE SOFTWARE PRODUCT. This free trial period license for use by or on behalf of a commercial entity or for personal use expires after 21 days of DEMO-RELEASE SOFTWARE PRODUCT use, starting from the day of installation. If you use this software after the 21-day evaluation period, a license for the full-release version must be purchased.

(4) FULL-RELEASE USER LICENSE: When you register, i.e. when payment is received, you will receive or download the FULL-RELEASE SOFTWARE PRODUCT and a registration key to enable the full functionality of it. Until unlocked with the registration key, the FULL-RELEASE SOFTWARE PRODUCT will function in demo mode only. BINAR grants you a non-exclusive, non-transferable, worldwide license to use the a single copy of the FULL-RELEASE SOFTWARE PRODUCT on a single PDA device.

GENERAL GRANT TERMS:
Any unauthorized modification of this SOFTWARE PRODUCT is prohibited. You are explicitly not allowed to modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the SOFTWARE PRODUCT.
You agree that you will not do anything to circumvent or defeat the features designed to stop the Software from operating after the license expires.
You are allowed to make copies of the SOFTWARE PRODUCT solely for backup or archival purposes.
You ARE allowed to beam freely the alpha, beta, demo, or full release copy of this SOFTWARE PRODUCT between Palm Handheld compatible devices, but you ARE NOT allowed to redistribute it in any other way. You MUST NOT beam the registration key or transfer it in any other way, or use the given registration key for any other personal or business registration.
You may not rent, lease or transfer the SOFTWARE PRODUCT.
If a registration key is issued to you, then the SOFTWARE PRODUCT copy is licensed, not sold to you, and you are not an owner of any copy thereof. 
BINAR hereby reserves all rights not explicitly granted in this software license agreement.

WARRANTY:
========
This SOFTWARE PRODUCT is provided "as is" WITHOUT WARRANTY OF ANY KIND. As you can "Try before you buy" to find out weather this SOFTWARE PRODUCT works for you, there is NO money back option. If a feature is not included in "Demo" release it's considered a "Bonus", and you should not expect any functionality of it in the "Full" release product.
BINAR shall not be liable for any damages whatsoever arising out of the license of, use of or inability to use this SOFTWARE PRODUCT including without limitation the warranties of merchantability, fitness for a particular purpose and non - infringement to the fullest extent permitted by applicable law. BINAR makes no warranty that this SOFTWARE PRODUCT or the results that may be obtained trough it will meet your requirements. BINAR makes no warranty that possible defects in the SOFTWARE PRODUCT will be corrected. This disclaimer of warranty constitutes an essential part of the agreement.

YOUR INDEMNITY TO US:
=====================
Independent of the foregoing provisions, you agree to defend and indemnify us against, and hold us harmless from, any and all claims, damages, losses, and expenses of any kind arising from or connected with the operation of your business.

HIGH RISK ACTIVITIES:
=====================
The SOFTWARE PRODUCT is not fault-tolerant and is not designed, manufactured or intended for use or resale as suitable for High Risk Activities.

TITLE AND OWNERSHIP:
================
Title, ownership rights, and intellectual property rights in the SOFTWARE PRODUCT shall remain in BINAR. The Software is protected by the copyright laws and international treaties. 

TERMINATION:
============
This license is effective until terminated.
You may terminate it at any time by destroying all the copies of the SOFTWARE PRODUCT, modifications and merged portions in any form. 
The license will also terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the SOFTWARE PRODUCT.

MISCELLANEOUS:
==============
This is the entire Agreement between you and BINAR, and supersedes any prior agreement, whether written or oral, relating to the subject matter of this Agreement. 
