Binary Software License Agreement
TRIEMAX SOFTWARE ("TRIEMAX") IS WILLING TO LICENSE THE SOFTWARE IDENTIFIED
BELOW TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED
IN THIS BINARY SOFTWARE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS
(COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY DOWNLOADING,
INSTALLING, COPYING, SAVING OR OTHERWISE USING THIS SOFTWARE, YOU (AS DEFINED
BELOW) BECOME A PARTY TO THIS AGREEMENT AND YOU ARE BOUND BY ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THE TERMS OR ANY OF
THE CONDITIONS, OR ANY OF THE TERMS OR CONDITIONS ISN'T VALID IN YOUR COUNTRY,
YOU MUST NOT INSTALL OR OTHERWISE USE THE SOFTWARE. IF YOU ALREADY DOWNLOADED OR
INSTALLED SOFTWARE, YOU MUST REMOVE THE SOFTWARE FROM YOUR SYSTEM AND DESTROY
1. DEFINITIONS. "SOFTWARE" means the binary code of Jalopy Source Code
Formatter with all its documentation and otherwise bundled files, in whole
or in parts.
"YOU" (or "YOUR") means an individual or a legal entity exercising rights
under, and complying with all of the terms of, this Agreement. For legal
entities, "YOU" includes any entity which controls, is controlled by, or is
under common control with YOU. For purposes of this definition, "control"
means (a) the power, direct or indirect, to cause the direction or
management of such entity, whether by contract or otherwise, or (b)
ownership of more than fifty percent (50%) of the outstanding shares or
beneficial ownership of such entity.
2. LICENSE GRANT. TRIEMAX grants YOU a non-exclusive and non-transferable
right to use SOFTWARE for lawful purposes under certain obligations and
limited rights as set forth in this Agreement. YOU may:
(i) save and use the number of copies of the SOFTWARE for which the
corresponding fee has been paid.
(ii) make one copy of the SOFTWARE for archival purposes;
3. RESTRICTIONS. SOFTWARE is owned and copyrighted by TRIEMAX. It is
licensed, not sold. Title to SOFTWARE and all associated intellectual
property rights are retained by TRIEMAX. YOU must not:
(i) reverse engineer, decompile, disassemble or otherwise make any
attempt to discover the source code of SOFTWARE;
(ii) modify or create derivative work based upon SOFTWARE in whole or in
(iii) distribute copies of the SOFTWARE in whole or in parts;
(iv) remove any proprietary notices, labels or copyrights from the
(v) resell, redistribute, lease, rent, transfer, sublicense or
otherwise transfer rights of the SOFTWARE without the prior written
consent of TRIEMAX.
4. LIMITED WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF
ANY KIND. TRIEMAX HEREBY EXCLUDES AND DISCLAIMS ALL IMPLIED OR STATUTORY
WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, RESULTS, EFFORTS OR
QUIET ENJOYMENT. THERE IS NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE
OR WILL FUNCTION WITHOUT INTERRUPTION. YOU ASSUME THE ENTIRE RISK FOR THE
RESULTS OBTAINED USING THE PRODUCT. TO THE EXTENT THAT TRIEMAX MAY NOT
DISCLAIM ANY WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION
OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM
STATE TO STATE.
5. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR
IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE
DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
6. LIMITATION OF LIABILITY. To the extent not prohibited by law, in no event
TRIEMAX or any third-party-developer will be liable for any lost revenue,
profit or data or for special, indirect, consequential, incidental or
punitive damages, however caused regardless of the theory of liability,
arising out of or related to the use of or inability to use SOFTWARE, even
if TRIEMAX has been advised of the possibility of such damages.
Solely YOU are responsible for determining the appropriateness of using
SOFTWARE and accept full responsibility for all risks associated with its
exercise of rights under this Agreement, including but not limited to the
risks and costs of program errors, compliance with applicable laws, damage
to or loss of data, programs or equipment, and unavailability or
interruption of operations.
In no event will TRIEMAX's liability to YOU, whether in contract, tort
(including negligence) or otherwise, exceed the amount paid by YOU for
SOFTWARE under this Agreement. The foregoing limitations will apply even if
the above stated warranty fails of its essential purpose.
YOU acknowledge, that it is in the nature of software that software is
complex and not completely free of errors.
7. DISCLAIMER OF DAMAGES. In no event shall TRIEMAX or any
third-party-developer be liable to YOU under any theory for any damages
suffered by YOU or any user of SOFTWARE or for any special, incidental,
indirect, consequential or similar damages (including without limitation
damages for loss of business profits, business interruption, loss of
business information or any other pecuniary loss) arising out of the use or
inability to use SOFTWARE, even if TRIEMAX has been advised of the
possibility of such damages and regardless of the legal or quitable theory
(contract, tort or otherwise) upon which the claim is based.
8. TERMINATION. This Agreement is affected until terminated. YOU may
terminate this Agreement at any time. This Agreement will terminate
immediately without notice from TRIEMAX if YOU fail to comply with the
terms and conditions of this Agreement. Upon termination, YOU must delete
SOFTWARE and all copies of SOFTWARE.
YOU agree that upon termination of this Agreement for any reason, TRIEMAX
may take actions so that SOFTWARE no longer operates.
9. GOVERNING LAW. This Agreement will be governed by the laws of Germany,
without reference to conflict of laws principles. YOU agree that any
litigation relating to this Agreement may only be brought in and shall be
subject to the jurisdiction of Homburg (Germany) City Court.
10. SEVERABILITY. If any provision of this Agreement is held to be
unenforceable, this Agreement will remain in effect with the provision
omitted, unless omission would frustrate the intent of the parties, in
which case this Agreement will immediately terminate.
11. RESERVATION OF RIGHTS. All rights not expressly granted in this Agreement
are reserved by TRIEMAX. TRIEMAX reserves the right at any time to cease
the support of SOFTWARE and to alter prices, features, specifications,
capabilities, functions, licensing terms, release dates, general
availability or other characteristics of the SOFTWARE.
Copyright (c) 2003-2010 TRIEMAX Software. All rights reserved.