WeatherMan 1.0

EULA - End User License Agreement

Title : WeatherMan - Desktop Weather Manager
Version : 1.0

Author : C. Kevin Provance d/b/a TPA Software
8466 N. Lockwood Ridge Rd.
Suite #326
Sarasota, FL 34243

WWW : http://www.tpasoft.com
Email : weatherman@tpasoft.com
Support : http://www.tpasoft.com/support.html
END-USER LICENSE AGREEMENT FOR THIS SOFTWARE :
IMPORTANT-READ CAREFULLY !
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Thank you for downloading WeatherMan! You should carefully read the following terms and conditions before using this software. Unless you have a different license agreement signed by TPA Software, your use of this software indicates your acceptance of this license agreement and warranty.

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and the author of this Software ("C. KEVIN PROVANCE D/B/A TPA SOFTWARE") for the software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT is free in usage ("STANDARD VERSION") unless you decide to make a donation of $15.00 or more which will license it ("PROFESSIONAL VERSION").

By installing, copying, or otherwise using the STANDARD VERSION and/or the PROFESSIONAL VERSION, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.

SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT can be licensed, not purchased.

1. GRANT OF LICENSE.
This EULA grants you the following rights:

a. Installation and Use.
You may install and use an unlimited number of copies of the STANDARD VERSION and a single copy of the PROFESSIONAL VERSION (upon licensing the SOFTWARE PRODUCT).

b. Reproduction and Distribution.
You may reproduce and distribute an unlimited number of copies of the STANDARD VERSION; provided that each copy shall be a true and complete copy, including all copyright and trademark notices, and shall be accompanied by a copy of this EULA. Copies of the STANDARD VERSION may be distributed as a standalone product or included with your own product.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a. Limitations on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

b. Separation of Components.
The PROFESSIONAL VERSION is licensed as a single product. Its component parts may not be separated for use on more than one computer.

c. Software Transfer.
You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.

d. Termination.
Without prejudice to any other rights, the Author of this Software may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

e. Modification.
The Author of this Software reserves the right to change this License Agreement at any time without warning. To view the most recent copy of the License Agreement, please point your web browser to: http://www.tpasoft.com/policies.html, or send an E-mail kevin@tpasoft.com and ask for the latest copy.
3. COPYRIGHT.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by the Author of this Software. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes.

4. U.S. GOVERNMENT RESTRICTED RIGHTS.
The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is C. Kevin Provance d/b/a TPA Software/www.tpasoft.com, 8466 N. Lockwood Ridge Rd. Suite #326, Sarasota, Florida 34243 USA.
5. MISCELLANEOUS
If you acquired this product in the United States, this EULA is governed by the laws of the state of Florida, United States. If this product was acquired outside of the United States, then local law may apply. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

Should you have any questions concerning this EULA, or if you desire to contact the author of this Software for any reason, please refer
to the email address mentioned at the top of this EULA or write to the address (also mentioned at the top).

6. LIMITED WARRANTY

NO WARRANTIES.
The Author of this Software expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you. Neither the author, nor his representatives, agents, partners or other related parties shall be held liable for damages of any type, financial or otherwise.

NO LIABILITY FOR DAMAGES.
In no event shall the author of this Software be liable for any damages whatsoever (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 this product, even if the Author of this Software has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
7. DONATIONS.
You may make a donation to The SOFTWARE PRODUCT with either your credit card, a money order, a check or cash. If upgrading to the PROFESSIONAL VERSION, there is a 1-5 day wait for all credit card transactions and with a personal check, there will be a 10-15 day wait period while the check clears. All donations with money orders and cash are honoured the same day they are received.

8. RETURN CHECK/CHARGEBACK POLICY:
All returned checks are subject to a fee of $30.00 plus the original amount of the check. All chargebacks from credit card providers over disputed charges for the registration fee of our products are subject to a $50.00 fee plus the cost of the original charge. All returned checks/chargebacks may also be turned over to collection agencies for reconciliation. The Author of this Software reserves the right to charge $1.00 late fee for each month returned checks and chargebacks are not reconciled. In the event that returned checks and chargeback debts are not reconciled in a timely manner, the Author of this Software can and will suspend usage of The SOFTWARE PROGRAM and technical support until such time as bad debts are reconciled.

9. PRODUCT ACTIVATION:
The PROFESSIONAL VERSION of The SOFTWARE PRODUCT is activated via The Internet. Activation Keys are nontransferable between other programs offered by The Author of this Software. In th event you lose your actvation key information, you will need to make another amount appropriate donation for the software to aquire a new activation key.

10. REFUNDS:
Please be aware that once the PROFESSIONAL VERSION of the SOFTWARE PRODUCT has been activated, there is no way for the Author of the Software to recall or rescind an activation key as it is installed in the computer's operating system. Once product activation has occured, there is no way for the Author of the Program to be guaranteed that the SOFTWARE PRODUCT has been uninstalled and is no longer being used.

If you do not agree to this EULA, the Author of this Program is unwilling to license the SOFTWARE PRODUCT to you. In such an event, you may not use or copy the SOFTWARE PRODUCT and you should promptly uninstall or delete it from your PC.

If you do agree then we hope you enjoy WeatherMan as much as we have enjoyed bringing it to you! :)

© 2005, C. Kevin Provance d/b/a TPA Software. All Rights Reserved.