TB SW License

TriBatch Software License

YOUR AGREEMENT TO THIS LICENSE

You should carefully read the following terms and conditions before using, installing or distributing this software. Unless you have a different license agreement signed by Trimill Industrial Systems ("Trimill") your use, distribution, or installation of TriBatch indicates your acceptance of this agreement ("License").

If you do not agree to all of the terms and conditions of this License, then do not copy, install, distribute or use any copy of TriBatch with which this License is included.

You may not alter or modify the TriBatch software in any way, nor give anyone permission to do so. You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, TriBatch. You may not make access to TriBatch available to others in connection with a service bureau, application service provider, or similar business.

All rights of any kind for TriBatch which are not expressly granted in this License are entirely and exclusively reserved to and by Trimill.

THE LICENSE

A licensed copy of TriBatch may be installed on a single computer only. Each license is computer specific and cannot be transferred to another machine. Installation on multiple computers requires additional licenses.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS

TRIBATCH, AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED AND PROVIDED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. You acknowledge that good data processing procedure dictates that any program, including TriBatch, must be thoroughly tested with non-critical data before you rely on it, and you hereby assume the entire risk of using the program. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.

ANY LIABILITY OF TRIMILL WILL BE LIMITED EXCLUSIVELY TO REFUND OF REGISTRATION FEE, IF ANY. IN ADDITION, IN NO EVENT SHALL TRIMILL, OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF TRIBATCH, OR TO YOUR RELATIONSHIP WITH TRIMILL.

IN ADDITION, IN NO EVENT DOES TRIMILL AUTHORIZE YOU TO USE TRIBATCH IN APPLICATIONS OR SYSTEMS WHERE ITS FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT PHYSICAL INJURY, OR IN LOSS OF LIFE. ANY SUCH USE BY YOU IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD TRIMILL 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. This License shall be governed by the laws of the Province of British Columbia, Canada. Exclusive jurisdiction and venue for all matters relating to this License shall be in the courts located in the Province of British Columbia, Canada, and you consent to such jurisdiction and venue. There are no third party beneficiaries of any promises, obligations or representations made by Trimill herein. Any waiver by Trimill of any violation of this License by you shall not constitute or contribute to a waiver of any other or future violation by you of the same provision, or any other provision, of this License.