END-USER LICENSE AGREEMENT FOR SPACEMAN 99

1. Introduction

This License applies to the SpaceMan 99 software and its accompanying files, data and materials ('SpaceMan 99'). You should carefully read the following terms and conditions before using, installing, copying, or distributing this software. Unless you have a different license agreement signed by ExtraBit Software. ('ExtraBit'), your use, installation, copying, or distribution of SpaceMan 99 indicates your acceptance of this agreement ('License'). The terms and conditions of this License describe the permitted use and user(s) of the evaluation version of SpaceMan 99, and of each Licensed Copy of SpaceMan 99. For the purposes of this License, if you have a valid single license, you have the right to use a single 'Licensed Copy' of SpaceMan 99; if you or your organization has a valid multi-license pack, then you or your organization has the right to use up to a number of 'Licensed Copies' of SpaceMan 99 equal to the number of copies indicated in the documents issued by ExtraBit when granting the license; if you or your organization has a site-license, then you or your organization has the right to use unlimited 'Licensed Copies' of SpaceMan 99 on computers owned by the licensee or employees of the licensee provided they are all used at a single site (a site being defined as one or more buildings within a 10 mile radius); if you or your organisation has a worldwide-license, then you or your organization has the right to use unlimited 'Licensed Copies' of SpaceMan 99 on computers owned by the licensee or employees of the licensee.

2. Scope of License

2.1. Evaluation

This is not free software. Subject to the terms below, you are hereby licensed by ExtraBit to use one copy of SpaceMan 99, on one (1) computer or workstation, for evaluation purposes without charge for a period of 30 days. If you use this software after the 30-day evaluation period, a license fee is required. Use of SpaceMan 99 after the 30-day evaluation period without payment of the license fee is a breach of this License and a violation of international copyright laws.

Subject to all of the terms of this License, you may, without making any payment to ExtraBit:

a) give exact copies of the evaluation version of SpaceMan 99 personally to anyone;
b) distribute exact copies of the evaluation version of SpaceMan 99, if done exclusively through electronic channels; and
c) make as many exact copies of this evaluation version of SpaceMan 99 as you wish, for purposes of distribution as described in (a) and (b) above.

2.2. Licensed Copy

Each Licensed Copy of SpaceMan 99 may be used on a single workstation.

Each Licensed Copy may be accessed through a network, provided that you have purchased rights to use a Licensed Copy for each workstation that will access SpaceMan 99 through the network. For instance, if 8 different workstations will access SpaceMan 99 on the network, you must purchase rights to use 8 Licensed Copies of SpaceMan 99, regardless of whether the 8 workstations will access SpaceMan 99 at different times, or concurrently.

All rights of any kind in SpaceMan 99 which are not expressly granted in this License are entirely and exclusively reserved to and by ExtraBit. SpaceMan 99 is protected by copyright laws and other applicable laws and treaties. You may use, install and distribute SpaceMan 99 solely as expressly provided in this License. You may not rent, lease, loan, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, SpaceMan 99, nor permit anyone else to do so. You may not make access to SpaceMan 99 available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so.

3. Warranty Disclaimers and Liability Limitations

SPACEMAN 99, AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED AND PROVIDED 'AS IS' AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXTRABIT DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, SPACEMAN 99. EXTRABIT DOES NOT WARRANT THAT THE OPERATION OF SPACEMAN 99 WILL BE UNINTERRUPTED OR ERROR-FREE.

EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY APPLICABLE STATUTES, EXTRABIT SHALL NOT BE LIABLE FOR ANY DAMAGE OR FINANCIAL LOSS ARISING OUT OF THE USE OF, OR INABILITY TO USE, SPACEMAN 99. ANY LIABILITY OF EXTRABIT WILL BE LIMITED EXCLUSIVELY TO REFUND OF THE LICENSE FEE PAID TO EXTRABIT. EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY APPLICABLE STATUTES, IN NO EVENT SHALL EXTRABIT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF SPACEMAN 99, OR TO YOUR RELATIONSHIP WITH EXTRABIT, (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR INFORMATION, LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR BUSINESS ADVANTAGE, OR BUSINESS INTERRUPTION), WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION, INDEMNITY, OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, IN NO EVENT DOES EXTRABIT AUTHORIZE YOU OR ANYONE ELSE TO USE SPACEMAN 99 IN APPLICATIONS OR SYSTEMS WHERE SPACEMAN 99'S FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT PHYSICAL INJURY, OR IN LOSS OF PROPERTY, OR IN LOSS OF LIFE. ANY SUCH USE IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD EXTRABIT HARMLESS FROM ANY AND ALL CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.

4. General

This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements. This License shall be governed by the laws of England. There are no third-party beneficiaries of any promises, obligations, or representations made by ExtraBit herein. Any waiver by ExtraBit of any violation of this License by you shall not constitute, nor contribute to, a waiver by ExtraBit of any other or future violation by you of the same provision, or any other provision, of this License. If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby.

SpaceMan 99 Copyright © 1998-2014 by ExtraBit Software. All rights reserved.