1. By using and/or opening any packaging enclosing this software, expanding any compressed file containing this software or by utilizing this software, you agree to be bound by the terms of this license agreement.
2. The software, documentation and any other materials accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "Software") are licensed, not sold, to you by Niratul Software, LLC, as well as his respective members, agents, directors, officers, servants and representatives, if any, (collectively "Licensor") for use only under the terms of this License, and Licensor reserves all rights not expressly granted to you. The rights granted herein are limited to Licensor's intellectual property rights in the Software and do not include any other patents or intellectual property rights. You own the media on which the Software is recorded but Licensor retains ownership of the Software itself. The rights granted under the terms of this License include any software upgrades that replace and/or supplement the original Software product, unless such upgrade contains a separate license.
3. Permission is hereby granted, to any person obtaining a copy of the Software to use, copy, publish and distribute the Software, subject to the conditions of this License and meets the requirement of valid license..
4. This license must be included with all copies of the Software, and may not be modified from its original format as created by the Licensor. The Software may not be distributed subject to any other license.
The software will communicate to our license database online to verify the validity of the license, every time the software is started.
5. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Licensor or if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Software and destroy all copies of it, whether full or partial.
6. Selling or charging a fee for the Software is prohibited, although a fee may be charged for the act of transferring a copy and/or for the distribution media, but not for the Software itself.
7. The Software, in whole or in part, may not be incorporated with or into any other software product without written permission from Licensor.
8. You expressly acknowledge and agree that use of the software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. Licensor does not warrant against interference with your enjoyment of the software, that the functions contained in the software will meet your requirements, that the operation of the software will be uninterrupted or error-free, or that defects in the software will be corrected. Should the software prove defective, you assume the entire cost of all necessary servicing, repair or correction.
9. The tool is supposed to work on Windows platform only. Although queue managers on all the platforms can be worked with using this software tool, mainframe queue managers are not guaranteed because of unavailability of mainframe environment in our testing environment.
10. THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. No oral or written advice given by Licensor or by an authorized representative of Licensor shall create a warranty.
11. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. THIS SOFTWARE IS NOT INTENDED FOR USE IN ANY APPLICATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
13. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, LIABILITY OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF SUCH EXCLUSIONS FROM LIABILITY APPLY TO YOU, DO NOT USE THIS SOFTWARE.
14. This License constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Licensor. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
15. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
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