LICENSE AGREEMENT

YOUR USE OF NECK DIAGRAMS IS GOVERNED BY THE FOLLOWING TERMS AND CONDITIONS:

ACCEPTANCE OF LICENSE AGREEMENT

You should carefully read the following terms and conditions before using Neck Diagrams (the "Software"). Unless you have a different license agreement signed by Digital Software Technology, your use of this software indicates your agreement to these terms and conditions. If you do not accept all of these terms and conditions, you must cease using the Software immediately.

 

COPYRIGHT

Customer acknowledges that the Software, License Key and accompanying user documentation ("Documentation") are copyrighted works owned by Digital Software Technology and that Customer has no rights in the foregoing except as expressly granted herein.

 

FREE 20-USES TRIAL

This is not free software. Digital Software Technology hereby grants you a non-exclusive, non-transferable, limited licensed to use the Software free of charge for twenty (20) uses. Use of the Software beyond the twenty-uses (20-uses) trial period requires the purchase of a License Key as described below. Use of the Software beyond the twenty-uses (20-uses) trial period without purchase of a License Key is a violation of U.K. and international copyright laws.

 

LICENSE KEY

A unique key that will allow you to use the Software beyond the twenty-uses (20-uses) free trial period ("License Key") may be purchased from the Neck Diagrams website, which is currently http://www.neckdiagrams.com. License Keys may be purchased for single users, and are priced according to the price list on the Neck Diagrams website. Upon purchase of a License Key, Digital Software Technology hereby grants you a non-exclusive, non-transferable license to use the Software as follows:

Personal License Key: A single-user ("Personal") License Key may either be used by a single user who uses the Software personally on one or more computers, or installed on a single computer used by multiple people, but not both.

You shall be responsible for maintaining the License Key in a safe location and are specifically prohibited from distributing the License Key, intentionally or unintentionally, to any third party. Upon loss or distribution of the License Key, Customer shall be required to pay a reinstatement fee at Digital Software Technology's discretion.

 

DISTRIBUTION OF THE SOFTWARE

Provided that you do not copy or distribute the License Key, and you include a copy of this License Agreement, you may (a) make copies of the Software; (b) give exact, unmodified copies of the Software to anyone; and (c) distribute the Software in its unmodified form via electronic means. You are specifically prohibited from charging any fees for any such copies or distributions.

 

TERM AND TERMINATION

You may continue to use the Software for as long as you comply with the terms and conditions of this License Agreement. Digital Software Technology may terminate this License Agreement immediately upon notice to you in the event that Digital Software Technology has reason to believe you have breached this License Agreement. Upon termination, you shall immediately cease all use of the Software, License Key and Documentation and shall not be entitled to a refund of any fees paid.

 

GOVERNING LAW

The validity and interpretation of this Agreement shall be governed by the laws of the United Kingdom. Customer agrees that the courts located in London, England, shall be the appropriate site of venue for actions relating to this Agreement, and hereby consents to the exclusive jurisdiction and venue of such courts.

 

DISCLAIMER OF WARRANTY

THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGITAL SOFTWARE TECHNOLOGY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. ANY LIABILITY OF DIGITAL SOFTWARE TECHNOLOGY WILL BE LIMITED EXCLUSIVELY TO REFUND OF THE PURCHASE PRICE.