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This is a legal agreement between
you, the end user, and David Johnson, regarding your use of the Genealogical
Data Keeper (“Software”). By installing the Software, you agree to be bound by
the terms of this agreement. If you do not agree to the terms of this agreement,
close out of this website and do not install the software.
1. Grant of License. David Johnson hereby grants to you (an individual)
the revocable, personal, non-exclusive, and nontransferable right to install and
activate the Software on one computer solely for your personal and
non-commercial use. Sharing this Software with other individuals, or allowing
other individuals to view the contents of this Software is in violation of this
license. You may not make the Software available on a network, or in any way
provide the Software to multiple users, without prior consent from David Johnson
2. Copyright. The Software is owned by David Johnson and protected by
United States and international copyright law. You may not remove or conceal
any proprietary notices, labels or marks from the Software.
3. Restrictions on Use. You may not, and you may not permit others to (a)
reverse engineer, decompile, decode, decrypt, disassemble, or in any way derive
source code from, the Software; (b) modify, distribute, or create derivative
works of the Software; (c) copy (other than one back-up copy), distribute,
publicly display, transmit, sell, rent, lease or otherwise exploit the Software.
4. Term of Agreement. The term of this Agreement begins upon installation
of this software. David Johnson reserves the right to terminate this Agreement
at any time if you violate any provision of this Agreement. If the Agreement is
terminated for any reason, you agree immediately to uninstall this software.
(A) THE SOFTWARE AND
ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY DAVID JOHNSON, SHALL CREATE A WARRANTY, AND YOU
MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. DAVID JOHNSON DOES NOT WARRANT,
GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE,
OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY,
RELIABILITY, CURRENTNESS, OR OTHERWISE, AND THE ENTIRE RISK AS TO THE RESULTS
AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN
MATERIALS ARE DEFECTIVE, YOU, AND NOT DAVID JOHNSON, ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
(B) DAVID JOHNSON SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT OR RELATED TO THIS
AGREEMENT, EVEN IF DAVID JOHNSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. DAVID JOHNSON SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED
TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE AND/OR THE RELATED DOCUMENTATION,
EVEN IF DAVID JOHNSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL DAVID JOHNSON'S LIABILITY HEREUNDER, IF ANY, EXCEED THE PURCHASE
PRICE PAID BY YOU FOR THE SOFTWARE.
ACKNOWLEDGMENT
BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND
THE FORE GOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU
ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF
AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS,
ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO
THE LICENSE DESCRIBED HEREIN.
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