This Software License Agreement ("Agreement") is made between EzBiz, LLC ("Developer") and you ("Licensee").
Developer has developed this example software program (the "Software"), available for purchase and download on www.CSharpUniversity.com. The terms of this license agreement are identical for all example software programs purchased from www.CSharpUniversity.com.
Licensee desires to utilize a copy of the Software.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, Developer and Licensee agree as follows:
1. License.
Developer hereby grants to Licensee a perpetual, non-exclusive, limited license to use the Software as set forth in this Agreement.
2. Restrictions and Usage.
Licensee shall not modify, copy, duplicate, or reproduce the Software for the purpose of reselling or redistributing the Software to somebody else. Licensee shall not license or sublicense the Software, or transfer or convey the Software or any right in the Software to anyone else.
The Software is intended as an example application for educational purposes and is not intended for production use.
3. Fee.
In consideration for the grant of the license and the use of the Software, Licensee agrees to pay Developer.
4. Warranty of Title.
Developer hereby represents and warrants to Licensee that Developer is the owner of the Software or otherwise has the right to grant to Licensee the rights set forth in this Agreement.
5. Warranty of Functionality.
Developer makes no warranty of functionality, as the Software is licensed for educational purposes.
6. Software Updates.
Developer may provide updated versions of the Software to Licensee if updates are determined necessary by the Developer. The Developer may contact the Licensee by e-mail if such a need arises.
7. Payment.
Payment of the license fee shall be made upon purchase of the Software.
8. Taxes.
In addition to all other amounts due hereunder, Licensee shall also pay to Developer, or reimburse Developer as appropriate, all amounts due for property tax on the Software and for sales, use, excise taxes or other taxes which are measured directly by payments made by Licensee to Developer.
9. Warranty Disclaimer.
THIS SOFTWARE IS PROVIDED BY THE DEVELOPER "AS IS". ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
10. Limitation of Liability.
Developer shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages arising in any way out of the use of this Software or the recommendations made in any of the product documentation, whether based on lost revenue or otherwise, regardless of whether Developer was advised of the possibility of such losses in advance.
11. No Assignment.
Neither this Agreement nor any interest in this Agreement may be assigned by Licensee.
12. Severability.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
13. Headings.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.