SOFTWARE LICENSE AGREEMENT
By downloading the accompanying software, you hereby agree to the terms of this Software License Agreement ("Agreement by and between Project Pro, Inc. ("Developer") and yourself ("Licensee").
Developer has developed and licenses to users its software program marketed under the name Rapid Application Prototype (the "Software").
Licensee desires to use a copy of the Software.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, Developer and Licensee agree as follows:
Developer hereby grants to Licensee a perpetual, non-exclusive, limited license to use the Software as set forth in this Agreement.
Licensee shall not redistribute or sublicense the Software, or transfer or convey the Software or any right in the Software to anyone else without the prior written consent of Developer. Licensee may modify the software but shall not remove any of the Developer’s copyright notices.
The Licensee may use the Software free of charge.
4. Warranty of Functionality.
The Developer makes no representation about the suitability or accuracy of software or data for any purpose, and makes no warranties, either expressed or implied, including merchantability and fitness for a particular purpose or that the use of these software or data will not infringe any third party patents, copyrights, trademarks, or other rights. The software and data are provided "as is".
5. Warranty Disclaimer.
DEVELOPER'S WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6. Limitation of Liability.
Developer shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages relating to the Licensee’s use of the Software, whether based on lost revenue or otherwise, regardless of whether Developer was advised of the possibility of such losses in advance.
7. Governing Law.
This Agreement shall be construed and enforced in accordance with the laws of the state of Illinois.
8. No Assignment.
Neither this Agreement nor any interest in this Agreement may be assigned by Licensee without the prior express written approval of Developer.
9. Final Agreement.
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.