Unique

NOTICE: By installing, operating, copying, distributing, or otherwise using Unique, you agree to the terms of this Shareware License Agreement. If you do not agree to the terms of this Agreement, DO NOT INSTALL Unique.

License. Conditioned on your honoring the terms of this Agreement, Matt Harrison grants you a non-exclusive, non-transferable license (the “License”) to install and use the current version of Matt Harrison’s software product Unique Theme Studio for UIQ3, including the accompanying user documentation and any later versions within the same major release series (collectively, “Unique”), for your personal, lawful, non-infringing use on two (2) personal computers or workstations in accordance with this Agreement. A separate License for each personal computer and workstation after the second or for which you do not personally use must be purchased.

Trial Period. The License extends for a single Trial Period of 14 days following your first installation of Unique to permit you to evaluate Unique . The License will terminate automatically at the end of the Trial Period unless you purchase copy of Unique first. You may not use Unique for more than one Trial Period.

Long Term License. If you pay the License Fee, and obtain a license activation file the License will remain in effect perpetually unless terminated as provided below.

Trial Distribution.

1. You may provide copies of Unique to others for their trial use so long as you: provide exact, unmodified copies of Unique in the form of the self-installing .exe file or the ZIP file received from Matt Harrison, including all accompanying files, this Agreement, and all copyright, trademark, proprietary, and other notices;
2. do not charge or collect any monetary or other compensation for or in connection with Unique , apart from a modest reproduction or handling fee; and
3. reference Matt Harrison as the sole source of Unique and reference the official Unique website www.unique.lummie.co.uk.

Back-Up Copies. You may make exact, unmodified copies of Unique solely for your own back-up or archival use.

Prohibited Acts. You may not:

1. sublicense, sell, lease, permit use of, give, lend, distribute, release, provide access to, or in any way transfer Unique or any copy or portion thereof, except for Trial Distribution as permitted above;
2. use Unique to provide service bureau or time-sharing services to any other party;
3. make any copies of Unique except as permitted herein;
4. modify, enhance, or prepare derivative works based on Unique;
5. decompile, disassemble, reverse engineer, analyze, or otherwise attempt to discover the source code of Unique;
6. use or incorporate Unique or any portion thereof in any other product without the prior written permission of Matt Harrison; or
7. remove, alter, or obscure the copyright, trademark, proprietary, or other notices from Unique or any of its screen displays.

Proprietary Rights. Title to, ownership of, and all copyrights and other intellectual property rights in Unique and all copies thereof shall remain solely with Matt Harrison designated as owning exclusive rights to selling Unique . Unique is protected by U.K. copyright and other intellectual property laws and by international treaties. Matt Harrison reserves to itself all rights not expressly granted in this Agreement. No Warranty. Unique and all related support and advice are provided “AS IS” and without warranty of any kind. Matt Harrison disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

Other Disclaimers. Matt Harrison does not warrant that Unique will meet your specific needs or requirements, nor that the operation of Unique will in all instances be uninterrupted or error-free.

Exclusion of Damages. Matt Harrison shall not be liable for any direct, indirect, consequential, special, incidental, or other damages, including but not limited to damages for lost profits, interruption of business, lost or corrupted data or programs, system crashes, or diversion of system or other resources, arising out of or relating to this Agreement or the performance, quality, results, use of, or inability to use Unique or any support, advice, products, or services which are or should have been provided to you, even if Matt Harrison has been advised of the possibility of such damages.

Technical Protection. Unique may contain technical protections that restrict use to certain equipment, to a single personal computer or workstation, or to a certain time period, and may provide other restrictions, all of which shall be consistent with the License. Matt Harrison shall not be liable for any damages incurred as a result of such technical protections or the failure of Unique to operate outside the scope of the License.

No Third Party Claims. Matt Harrison shall not be liable for any claim asserted against you by any other party, including but not limited to claims for infringement of copyright or other intellectual property rights.

Time to File Action. No action arising under or relating to this Agreement, to Unique, or to any support, advice, products, or services which are or should have been provided to you, may be filed more than one year after the cause of action accrues.

Applicability. Some jurisdictions do not permit the exclusion or limitation of implied warranties or consequential damages, so some of the above exclusions or limitations may not apply to you.

Termination for Breach. Matt Harrison may terminate the License with or without cause at any time immediately and without notice if you materially breach any term of this Agreement or infringe any of Matt Harrisons rights in Unique .

Termination without Breach. Matt Harrison may terminate the License upon ten days written notice if Matt Harrison believes that your use of Unique may infringe any third party rights. If such termination occurs within 24 months of your first installation of Unique, Matt Harrison will provide you a modified, non-infringing version of Unique and reinstate the License.

Duties on Termination. Immediately upon termination of the License, you must stop using Unique and destroy all copies of Unique within your possession, custody, or control.

No Assignment. You may not assign, sublicense, or otherwise transfer the License or any other rights arising under this Agreement. Any purported transfer in violation of this paragraph shall be void

Enforcement Costs. You agree to reimburse Matt Harrison for all costs, including reasonable attorney’s fees, incurred to enforce any of Matt Harrisons rights under this Agreement or in Unique or to defend any claims you assert unsuccessfully against Matt Harrison.

Severability. Any provision of this Agreement which is held to be unenforceable as written shall be enforced to the fullest extent permissible and shall not affect the validity of any other provision of this Agreement.

Governing Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom. All disputes arising under this Agreement or in connection with Unique.

Entire Agreement. This document states the complete, final, and exclusive agreement concerning your possession, operation, copying, distribution, and other use of Unique and supersedes all earlier oral or written agreements, proposals, marketing materials, representations, promises, and other communications between you and Matt Harrison. The terms of this Agreement may only be amended, waived, or supplemented by a later writing signed by you and Matt Harrison.