HD Observer 2.0

EULA - End User License Agreement

HD Observer Software License Agreement

PREFACE

You must carefully read the following terms and conditions before using this software. All use of the HD Observer software is subject to this license agreement, unless you have a different license agreement with Process Leader Software. By clicking the “Accept” button below, you are agreeing to be bound by all terms and conditions of this agreement and you consent to be bound by and become a party to this agreement. If you do not agree to all terms and conditions of this agreement, you must press the “Don’t accept” button which will stop the installation procedure, and you will not have a license to use any part of the HD Observer software.

EVALUATION VERSION

The unregistered evaluation version of HD Observer may be distributed freely in its original, unmodified format. You may not repackage the software or in other ways change the setup program or any other files. You are free to include the HD Observer installation files on CD-ROMs or any other media together with other software providing that you do NOT charge the end-users for the software.

LICENSED VERSION

By using the HD Observer Software ("HD Observer") you agree to abide by the terms of this license agreement ("Agreement"), Subject to the terms of this Agreement, Process Leader Software hereby grants you a limited, personal, nontransferable, nonsublicensable license to use HD Observer.

One licensed copy of HD Observer may be installed on computers used by one single person only, or it may be installed on one workstation used nonsimultaneously by several persons, but not both.

A licensed copy of HD Observer may be accessed through a network, provided that you have obtained an individual license for all workstations that will access the software through the network. Each workstation must have an individual license.

You may copy HD Observer for archival purposes only. The registered version may NOT be distributed to other people than the license owner.

RESTRICTIONS

You agree you will not attempt to reverse engineer, modify, translate, create derivative works of, or disassemble HD Observer in whole or in part or to otherwise attempt to derive source code or underlying ideas or algorithms from HD Observer. You may not remove any proprietary notices or labels from HD Observer.

DISCLAIMER OF WARRENTY

HD Observer and any support or services you may receive from Process Leader Software, its suppliers, licensors and affiliates are provided "AS IS" without warranties of any kind. Process Leader Software hereby disclaims all express or implied warranties, including without limitation warranties of merchantability, performance or fitness for a particular purpose.

Neither Process Leader Software or its suppliers, licensors or affiliates warrants that licensee will have continuous, uninterrupted use of the software or that HD Observer is error free. Any program must be thoroughly tested before relying on it, and the user must assume the entire risk of using this program.

LIMITATION OF LIABILITY

Process Leader Software and its licensors, suppliers and affiliates shall NOT be liable under any tort, contract, strict liability or other legal or equitable theory for any indirect, special incidential or consequential damages of ANY kind including, without limitation, damages for lost profit, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. In NO event will Process Leader Software, its licensors, suppliers or affiliates be liable for any damages, even if Process Leader Software, its licensors, suppliers or affiliates have been informed of the possibility of such damages.

TERMINATION

This Agreement, including all of your rights to use HD Observer, will terminate automatically and immediately if you fail to comply with the terms and conditions of this Agreement. On termination you must destroy all copies of HD Observer.