This License agreement (the "AGREEMENT") is made between SERIAL PORT TOOL, with its principal place of business in Shanghai, China, and the individual installing the software ("LICENSEE"), and is effective at the date the installation is completed (the "EFFECTIVE DATE"). SERIAL PORT TOOL is the owner of certain right, title and interest in the computer program entitled SERIAL PORT TOOL and related documentation (the "SOFTWARE PRODUCT"). LICENSEE wishes to obtain and SERIAL PORT TOOL agrees to grant a non-exclusive license to use the SOFTWARE PRODUCT under the terms of the AGREEMENT. SERIAL PORT TOOL and LICENSEE in consideration of the above agree as follows:
1. SERIAL PORT TOOL hereby grants to LICENSEE nonexclusive rights to use the SOFTWARE PRODUCT from the Effective Date without any rights whatsoever to redistribute the SOFTWARE PRODUCT, under the terms and conditions of the AGREEMENT. SERIAL PORT TOOL retains all ownership rights in the SOFTWARE PRODUCT, including patent rights, copyrights and licensing rights. No rights, express or implied, for use other than specified in this AGREEMENT are transferred.
2. LICENSEE agrees to restrict the use of the SOFTWARE PRODUCT to him or herself. LICENSEE agrees to save the registration key in a secure place and not to distribute the registration key. If the registration key provided to the LICENSEE is discovered in a public place, LICENSEE agrees that the registration key will be disabled and LICENSEE may be held legally responsible. If LICENSEE loses registration key, LICENSEE recognizes that SERIAL PORT TOOL is under no obligation to provide the lost registration key or a new registration key. LICENSEE further agrees only to use a registration key explicitly granted to him/her and supplied by SERIAL PORT TOOL.
3. LICENSEE agrees not to reverse engineer, decompile, disassemble or distribute the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
4. SERIAL PORT TOOL expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty or condition of any kind, either express or implied, including, without limitation, the implied warranties or conditions of merchantability, fitness for a particular purpose, or no infringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with the licensee.
5. In no event shall SERIAL PORT TOOL, its trustees, directors, officers, employees, agents, associates or its suppliers be liable for any for incidental or consequential damages of any kind, including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss arising out of the use of or inability to use the SOFTWARE PRODUCT, even if SERIAL PORT TOOL has been advised of the possibility of such damages.
6. This AGREEMENT shall be construed, governed, interpreted and applied in accordance with the laws of the China.
7. The term of the AGREEMENT is one year (the "Term"). At the end of the Term, the AGREEMENT shall be automatically renewed under the same terms and conditions unless SERIAL PORT TOOL indicates otherwise. SERIAL PORT TOOL shall have the right to terminate this AGREEMENT for any reason with immediate effect upon notice by conventional mail, electronically or by posting at our web site to LICENSEE. Upon termination for any reason, LICENSEE agrees to destroy the original and all copies, including partial copies of the SOFTWARE PRODUCT.
8. The parties agree that this AGREEMENT is the entire AGREEMENT, and shall not be subject to any change or modification except in writing by both parties.