SOFTWARE LICENSE AGREEMENT
Read this Software License Agreement (“License”) carefully before using the OnyX, Maintenance, or Deeper software (“the software”). By using the software, you are agreeing to be bound by the terms of this License. If you do not agree to the terms of this License, do not install or use the software and, if presented with the option to “Agree” or “Disagree” to the terms, click “Disagree.”
A. OnyX, Maintenance, and Deeper are donationware (freeware). You may use them for as long as you want to do so. You may copy and distribute them at no charge; however, you may not modify the software for distribution.
B. You expressly acknowledge and agree that, to the extent permitted by applicable law, use of the software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with you.
C. To the maximum extent permitted by applicable law, the software is provided "as is" and “as available,” with all faults and without warranty of any kind, and Titanium Software hereby disclaims all warranties and conditions with respect to the software and services, whether express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third-party rights.
D. Titanium Software does not warrant against interference with your enjoyment of the software and services, that the functions contained in, or services performed or provided by, the software will meet your requirements, that the operation of the software or services will be uninterrupted or error-free, that any services will continue to be made available, that the software or services will be compatible or work with any third-party software, applications, or third-party services, or that defects in the software or services will be corrected.
E. You further acknowledge that the software and services are not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in the content, data, or information provided by, the software or services could lead to death, personal injury, or severe physical or environmental damage, including without limitation the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support, or weapons systems.
F. No oral or written information or advice given by Titanium Software or a Titanium Software authorized representative shall create a warranty. Should the software or services prove defective, you assume the entire cost of all necessary servicing, repair, or correction.
G. To the extent not prohibited by applicable law, in no event shall Titanium Software be liable for personal injury, or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data or information, business interruption, or any other commercial damages or losses arising out of or related to your use or inability to use the software or services or any third-party software, applications, or services in conjunction with the software or services, however caused, and even if Titanium Software has been advised of the possibility of such damages.