You must accept the terms of the following software license in order to download, install and use RecStudio.
This binary code license ("License") contains rights and restrictions associated with the use
of the accompanying RecStudio software (executable), RecStudio data sets and RecStudio documentation,
and any future error corrections or updates (collectively "Software").
Read the License carefully before using the Software. By using the Software you agree
to adhere to all terms and conditions of this License agreement.
This agreement is made as of June 1st, 2007, between Giampiero Caprino (also known as Backer Street Software) ("Author") and any individual or entity ("Licensee") who whishes to use the Software.
This binary code license does not cover:
(A) third party components used in the Software, which are covered by their own licenses, as specified in (4);
(B) data files consumed or produced by the Software as the result of the intended use of the Software.
1. License to use.
You are granted a non-exclusive, worldwide, non-transferable, royalty-free license to use the Software in binary form for any legal purpose, including for commercial use.
2. Reproduction and Distribution.
Licensee can reproduce and distribute the Software to anybody provided that Licensee:
(A) distributes the Software complete and unmodified;
(B) does not charge for the distribution of the Software beyond reasonable cost of packaging and shipping; Licensee can charge for any accompanying software which is not covered by the License;
(C) does not remove or alter any proprietary legends or copyright notices contained in the Software. Licensee agrees to show such copyright on all uses of the Software;
(D) agrees to indemnify, hold harmless, and defend the author of the Software and its licensors from and against any claims or lawsuits, including attorneys' fees, that arise or result from the distribution, use or destruction of the Software.
The Software is copyrighted. Title to the Software and all associated intellectual property rights is retained by the Author. Unless enforcement is prohibited by applicable law, you may not modify, decompile, disassemble or otherwise reverse engineer the Software. The Software may not be leased, assigned, or sublicensed, in whole or in part.
4. Third party components
Third party components may be used in conjunction with the Software.
Third party components may be covered by their own licenses and are
explicitly excluded from this License. Licensee must agree to
individual licenses of third party components.
The list of third party components used in the Software is available from the Backer Street Software web site (http://www.backerstreet.com/rec/ThirdParty.htm).
5. Disclaimer of Warranty.
The Software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. The Software has not undergone complete testing and may contain errors and defects. It may not function properly and is subject to change or withdrawal at any time. The user must assume the entire risk of using the Software. No support or maintenance is provided with the Software by the Author.
6. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL THE AUTHOR BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE FURNISHING, PERFORMANCE, OR USE OF THE SOFTWARE, OR THE INABILITY TO USE THE SOFTWARE, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, SINCE THE SOFTWARE IS PROVIDED WITHOUT CHARGE, YOU AGREE THAT THERE HAS BEEN NO BARGAIN MADE FOR ANY ASSUMPTIONS OF LIABILITY OR DAMAGES BY THE AUTHOR FOR ANY REASON WHATSOEVER, RELATING TO THE SOFTWARE OR ITS MEDIA, AND YOU HEREBY WAIVE ANY CLAIM IN THIS REGARD.
7. Feedback and Provision to the Author.
Licensee may provide feedback to the Author as well as information regarding defects, comments, suggestions for features and improvements to the Software, etc. If Licensee does so, then Licensee automatically grants the Author an unrestricted, fully-paid of, free, non-exclusive, worldwide and royalty-free License under any Intellectual Property rights possessed by Licensee to incorporate such information into the Software, to distribute and sell such derived Software, and to authorize or sublicense others to do any of these things.
This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of the Software. This Agreement will terminate immediately without notice from the Author if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of the Software.
9. Export Regulations.
The Software and technical data delivered under this Agreement are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
10. U.S. Government Restricted Rights.
Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1 (a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(Oct 1988), FAR 12.212 (a) (1995), as applicable.
11. Governing Law.
Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
This Agreement is the entire agreement between you and the Author relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.