Aves Tree Navigator version 1.3

AVES NON-COMMERCIAL LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY
This License Agreement constitutes a legal agreement ("License  Agreement") between you (either as an individual or a single entity) and Aves I/S (Aves) for the software product ("Software") identified above, including any software, media, and accompanying on-line or printed documentation.

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT.  If you do not agree with the terms and conditions of the License Agreement, you must promptly delete all copies of the Software. Upon your acceptance of the terms and conditions of the License Agreement, Aves grants you the right to use and distribute the Software in the manner provided below.

This Software is owned by Aves or its suppliers, and is protected by copyright law and international copyright treaty.  Except as provided in the License Agreement, you may not transfer, rent, lease, lend, copy, translate, sublicense, time-share or electronically transmit or receive the Software, media or documentation.  You may not to modify the Software or attempt to reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly  permitted by applicable law notwithstanding  this limitation.
 

1. You may copy and distribute versions of this Software freely, provided that:

a) You do not alter the Software in any way, and that you distribute the Software in full, including all documentation  supplied with the Software and this License Agreement , and that

b) you do not charge a fee for the service of distributing the Software, and that

c)  you do not impose-or attempt to impose-any further restrictions on the recipients' exercise of the rights granted herein.


2.  Conditions of use:

a) If you are a single individual or a non-commercial  organization, you may use the Software  free of charge  for all purposes, provided that  you do not attempt to acheive commercial gain - either directly or indirectly - from the use of the Software.

b) If you are neither a single individual nor a non-commercial  organization, you may use this software for testing and evaluation purposes only.  You may keep and use the Software for these purposes for a period of time not exceeding 30 days. Upon the end of the 30 day time period you must either  purchase  the commercial version of the Software or completely erase the Software including any copies.

3.  DISCLAIMER OF WARRANTY.  THE SOFTWARE IS PROVIDED FREE OF CHARGE, AND, THEREFORE, ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS BORNE BY YOU.  SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT,  YOU AND NOT AVES OR ITS SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR.  THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.  NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
 

4.  LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AVES OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE.