TIKTAKTIX® Copyright © 2008 by Safak Kayhan,
CebirX Software, Inc.
All rights reserved.
Your
Agreement to this License
The
license granted below only applies to the executable
code for the English, French and Turkish language
versions of the TIKTAKTIX software and its accompanying
files, data and materials ("TIKTAKTIX").
You should carefully read the following terms and
conditions before using, installing, copying, or
distributing TIKTAKTIX. By using, installing, or
copying, TIKTAKTIX you agree to the terms of this
agreement ("License").
Please
read the license terms below. If you do not agree
to all of the terms of this License, then please
do not download, install or use TIKTAKTIX.
Scope
of License
This
is a free software for personal use. Subject to
the terms below, you are hereby licensed by CebirX
("CebirX Software Inc. and its affiliates")
to use one copy of TIKTAKTIX, on one (1) computer
or workstation, without any license fee to be paid
to CebirX and for unlimited period of time.
Unless
you have prior written authorization from CebirX,
you are not authorized to distribute TIKTAKTIX to
others. Please refer anyone interested in receiving
a copy of TIKTAKTIX to the CebirX website (www.cebirx.com)
for the most recent available version.
All
rights of any kind in TIKTAKTIX that are not expressly
granted in this License are entirely and exclusively
reserved to and by CebirX. You may use TIKTAKTIX
solely as expressly provided in this License. TIKTAKTIX
is protected by the International copyright laws
and treaties. You may not rent, lease, loan, assign,
sublicense, modify, translate, reverse engineer,
decompile, disassemble, or create derivative works
based on, TIKTAKTIX, in whole or in part, nor permit
anyone else to do so. You may not make access to
TIKTAKTIX available to others in connection with
a service bureau, application service provider,
or similar business, nor permit anyone else to do
so. The license granted hereunder includes no rights
in or to the source code version of TIKTAKTIX.
Warranty
Disclaimers and Liability Limitations
TIKTAKTIX
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. CebirX does
not warrant, guarantee, or make any representations
regarding the use of, or the results of the use
of, TIKTAKTIX and the operation of TIKTAKTIX will
be uninterrupted or error-free. You acknowledge
that good data processing procedure dictates that
any program, including TIKTAKTIX, must be thoroughly
tested with non-critical data before there is any
reliance on it, and you hereby assume the entire
risk of all use of the copies of TIKTAKTIX covered
by this License. This disclaimer of warranty constitutes
an essential part of this License.
Except
to the extent expressly prohibited by applicable
statutes, CebirX shall not be liable for any damage
or financial loss arising out of the use of, or
inability to use, TIKTAKTIX. Except to the extent
expressly prohibited by applicable statutes, in
no event shall CebirX, or its principals, shareholders,
officers, employees, affiliates, licensors, contractors,
subsidiaries, or parent organizations, be liable
for any indirect, incidental, consequential, special,
or punitive damages whatsoever relating to the use
of TIKTAKTIX, or to your relationship with CebirX
(including, without limitation, loss or disclosure
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 CebirX authorize you
or anyone else to use TIKTAKTIX in applications
or systems where TIKTAKTIX 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 CebirX harmless from any and
all claims or losses relating to such unauthorized
use.
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.
There
are no third-party beneficiaries of any promises,
obligations, or representations made by CebirX herein.
Any
waiver by CebirX of any violation of this License
by you shall not constitute, nor contribute to,
a waiver by CebirX of any other or future violation
by you of the same provision, or any other provision,
of this License.
You
acknowledge and agree that monetary damages alone
would not be an adequate remedy in the event of
a material breach by you of your obligations or
agreements under this License and that, in such
event, only CebirX shall be entitled to injunctive
relief to require you to comply with its obligations
hereunder. Any remedy available under this License
shall be cumulative and not exclusive of any other
remedy available CebirX under this License, at law
or in equity.
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.