| PLEASE READ THIS LICENSE AGREEMENT BEFORE
ACCEPTING IT AND INSTALLING THE SOFTWARE. BY INSTALLING THIS SOFTWARE
YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF
THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS,
DO NOT INSTALL THIS SOFTWARE.
1. DEFINITIONS
1.1. "Product" is "Color-by-Example Plugin"
and all the accompanying libraries/files.
1.2. "Licensee" is the end-User of the product
2. GRANT OF LICENSE
Licensee may download, install and use the Software under the terms
and conditions of this Agreement. Licensee may keep as many copies
of this software as he/she needs.
3. OWNERSHIP
Licensee acknowledges and agrees that all rights, titles and the
Istet name and logo, including all patents, copyrights and other
intellectual property are and will remain the property of Istet
Inc. Nothing contained herein will be deemed to grant the User any
right, title, the Istet name or logo, or any patent, copyright,
trademark or other proprietary or intellectual property rights related
thereto, other than the license expressly granted in this Agreement.
4. RESTRICTIONS
The Licensee may not sell, resell, charge or accept payment for
this software. Licensee may use the software for commercial (profit)
and/or non-commercial (non-profit) applications. Licensee may not
distribute, redistribute or alter this software or any part of it
without prior written permission from Istet Inc. Altering includes
but is not limited to substitution, removal or addition of any file
or part of files included in the package. User may not reverse compile,
disassemble or otherwise reverse engineer the Software.
5. SUPPORT
Istet Inc. may decide to provide limited internet support via e-mails
or any other form it thinks appropriate. Response times are not
fixed nor guaranteed and may vary. Istet Inc. is not responsible
if support was not supplied to the User.
6. DISCLAIMER
THIS SOFTWARE IS PROVIDED "AS IS". ISTET INC. DOES NOT
MAKE, AND EXPRESSLY DISCLAIMS, ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, AND THE WARRANTIES OF TITLE OR
NON-INFRINGEMENT. IN NO EVENT SHALL Istet INC. BE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ISTET INC. OR ANY
OF ITS AUTHORIZED REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, NOR WILL ISTET INC. BE LIABLE FOR ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SOFTWARE, OR
ANY CLAIM BY ANY THIRD PARTY.
7. MISCELLANEOUS
7.1. Entire Agreement. This Agreement constitutes the entire agreement
between the parties and supersedes any prior agreements.
7.2. Modification. This Agreement may not be modified, amended,
rescinded, canceled or waived, in whole or part, except by mutual
consent with a written instrument signed by both parties.
7.3. Waiver. Failure by either party to enforce any rights under
this Agreement will not be construed as a waiver of such rights,
and a waiver by either party of a default hereunder in one or more
instances will not be construed as constituting a continuing waiver
or as a waiver in other instances.
LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ THIS AGREEMENT, UNDERSTANDS
IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. LICENSEE
FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF
THE AGREEMENT BETWEEN LICENSEE AND ISTET INC. WHICH SUPERSEDES ANY
PROPOSAL OR PRIOR OR CONTEMPORANEOUS AGREEMENT, ORAL OR WRITTEN,
AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS
AGREEMENT
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