PowerArchiver End-User License Agreement
PowerArchiver End-User License
Copyright © 1998–2023 ConeXware, Inc. All Rights Reserved.
1.0 Definitions
1.1 For purposes of this Agreement, "Software" means the software identified above, including updates, modifications, revisions, copies, and associated documentation provided by ConeXware, Inc. and its licensors.
2.0 Grant of License
2.1 Evaluation Terms and Conditions
Users may utilize this Software solely for evaluation without charge for thirty (30) days. Distribution of exact copies to others is permitted. Selling or requesting donations for distributed copies is prohibited. Each copy must include this license. Users cannot remove or alter identification, proprietary notices, labels, or trademarks in the Software.
2.2 Full License Terms and Conditions
Continued use after the evaluation period requires a paid license purchased at conexware.com. After registration, personal use on multiple computers is allowed, or multiple persons may use it non-simultaneously on one computer — not both. Network installations require one license per computer. Users cannot provide third-party access via service bureaus, application service providers, or similar arrangements, nor use the Software to provide compression, decompression, or conversion services to others.
2.3 Self-Extracting Archives
Self-extracting archives created by the Software may be freely distributed without royalty. Removing or altering identifying information, proprietary notices, labels, or trademarks in self-extracting archives is prohibited.
2.4 Reservation of Rights
All rights not expressly granted are reserved exclusively to ConeXware, Inc. and its licensors.
3.0 Restrictions
3.1 Software information is confidential and proprietary to ConeXware, Inc. and licensors, who retain all copyright, patent, trademark, trade secret, and proprietary rights.
3.2 "THE SOFTWARE CANNOT BE MODIFIED. YOU MAY NOT DECOMPILE, DISASSEMBLE OR OTHERWISE ATTEMPT TO ACCESS THE SOURCE CODE OF THE SOFTWARE; EXCEPT AND ONLY TO THE EXTENT PERMITTED APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION."
4.0 Term
4.1 This license remains effective until terminated. Non-compliance with any provision or unauthorized use automatically terminates the license. Users agree to destroy or dispose of the Software upon termination.
4.2 Sections 2.4, 3.0, 5.0, 6.0, and 7.0 survive termination. All other rights and obligations cease upon termination.
5.0 Upgrades, Maintenance and Support
5.1 ConeXware, Inc. has no obligation to provide upgrades, maintenance, or installation. Support is governed by included documentation and ConeXware materials. ConeXware reserves the right to revoke or modify support at any time, for any reason.
6.0 Limited Warranty and Remedies
6.1 "THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER OR IMPLIED, INCLUDING ANY WARRANTY OF QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CONEXWARE, INC. DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL OPERATE UNINTERRUPTED OR ERROR-FREE."
6.2 "NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A WARRANTY OR A REPRESENTATION BY CONEXWARE, INC. THAT THE SOFTWARE WILL BE FREE FROM INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. CONEXWARE, INC. HEREBY EXPRESSLY DISCLAIMS AND SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY ARISING AS A RESULT OF OR IN CONNECTION WITH ANY CLAIM OR SUIT ALLEGING THAT THE DISTRIBUTION OR USE OF THE SOFTWARE INFRINGES THE RIGHT OF ANY THIRD PARTY."
6.3 "IN NO EVENT WILL CONEXWARE, INC., OR ITS LICENSORS BE LIABLE FOR LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, UNDER ANY CAUSE OF ACTION AND REGARDLESS OF WHETHER OR NOT CONEXWARE, INC., OR ITS LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. IN ANY EVENT, CONEXWARE, INC.'S, OR ITS LICENSORS' LIABILITY ARISING OUT OF THIS AGREEMENT, THE TERMINATION THEREOF, AND/OR THE PROVISION OF GOODS OR SERVICES HEREUNDER WILL BE LIMITED TO THE GREATER OF U.S. $1.00 OR THE AMOUNT PAID BY YOU FOR THE LICENSED SOFTWARE."
6.4 Some states prohibit limitation or exclusion of incidental or consequential damages, so these limitations may not apply to all users.
6.5 This warranty provides specific legal rights; other rights vary by state.
7.0 General
7.1 Users must obtain necessary export licenses before exporting the Software and cannot export it in violation of U.S. or other countries' export control laws.
7.2 This Agreement is governed by the laws of the Commonwealth of Virginia, United States. Users agree to submit to exclusive Virginia court jurisdiction for any dispute or claim.
7.3 The prevailing party in legal action is entitled to reimbursement for expenses, including court costs and reasonable attorney fees.
7.4 "BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS; YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT RELATED TO THE SUBJECT MATTER HEREOF, SUPERSEDING ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND CONEXWARE, INC. RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT."