Noki Gems 1.0

EULA - End User License Agreement

Noki Gems License Agreement

This is a legal agreement between you (hereafter the USER, either an individual or an entityhereafter the USER, either an individual, a company or an entity) and Noki Gems(hereafter the SOFTWARE)'s developer (hereafter the DEVELOPER, Han Zhao, abrash_han@hotmail.com). By installing and/or by using the SOFTWARE, you agree to be bound by the terms of this Agreement.

1. LICENSE GRANT. This License Agreement (License) permits you to use one copy of the version of this SOFTWARE on any one system for as many licenses as you purchase. "You" means the company, entity or individual whose funds are used to pay the license fee. "Use" means storing, loading, installing, executing or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE. When you obtain a trial version copy of the SOFTWARE, you can evaluate all the features (with number of entries limited) and decide to buy according to the terms and prices discussed in the SOFTWARE's documentation, or you must remove the SOFTWARE from your system. You are expected to use the SOFTWARE on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. This "try before you buy" approach is the ultimate guarantee that the SOFTWARE will perform to your satisfaction; therefore, you understand and agree that there is no refund policy for any purchase of the SOFTWARE.

2. OWNERSHIP. The SOFTWARE is owned and copyrighted by the DEVELOPER. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE .

3. COPYRIGHT. The SOFTWARE is protected by copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of the DEVELOPER and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.

4. REVERSE ENGINEERING. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part.

5. NO WARRANTIES. YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE "AS IS," AND THE DEVELOPER MAKES NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.

6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall the DEVELOPER be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use the SOFTWARE.

7. SUPPORT SERVICES
The DEVELOPER will provide USER with support services related to the SOFTWARE after USER purchase the SOFTWARE. The support service include:
1) software upgrade.
2) technical support via email.

Any supplemental software code or related materials that DEVELOPER provides to you as part of the support services, in periodic updates to the SOFTWARE or otherwise, is to be considered part of the SOFTWARE and is subject to the terms and conditions of this License Agreement.

As part of these support services, the DEVELOPER may make available bug lists, planned feature lists, and other supplemental informational materials. THE DEVELOPER MAKES NO WARRANTY OF ANY KIND FOR THESE MATERIALS AND ASSUMES NO LIABILITY WHATSOEVER FOR DAMAGES RESULTING FROM ANY USE OF THESE MATERIALS. FURTHERMORE, YOU MAY NOT USE ANY MATERIALS PROVIDED IN THIS WAY TO SUPPORT ANY CLAIM MADE AGAINST THE DEVELOPER.