IMPORTANT - READ CAREFULLY
This ©Lowlands Warrior™ Freeware End-User License Agreement ("EULA") is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as "User") and ©Lowlands Warrior™ for the ©LLW™ freeware product that accompanies this EULA, or that is subsequently provided to the User pursuant to further order, including any associated media, printed materials and electronic documentation (collectively, the "Freeware Product"). By installing, copying, downloading, accessing or otherwise using the Freeware Product, User agrees to be bound by the terms of this EULA. If User does not accept and agree to the terms and conditions of this EULA, ©LLW™ is unwilling to license the Freeware Product contained herein to User. In that case do not install, access or use the Freeware Product; instead delete the Freeware Product from your computer or network in whatever form(s) it exists.


MEANING OF WORDS USED IN THIS EULA
©LLW™: means ©Lowlands Warrior™ and any or all of its divisions or subsidiaries.

User: the individual person or single legal entity that is deemed to be the licensed user of the Product under the terms of this EULA.

Freeware Product: means the ©LLW™ Freeware Product that accompanies this EULA, including any associated media, printed materials and electronic documentation. The Freeware Product also includes any Freeware updates, Freeware version upgrades, Freeware configuration upgrades, add-on components, web services and/or supplements that ©LLW™ may provide to User or make available to User after the date User obtains the initial copy of the Freeware Product, to the extent that such items are not accompanied by a separate license agreement or terms of use.

Freeware Bundle: refers to when two or more ©LLW™ Freeware Products are supplied together as an inclusive package. When Freeware Products are supplied as a Freeware Bundle they are deemed a single Freeware Product in terms of their usage and transfer. In no event shall User be permitted to install any portion of a Freeware Bundle on a computer or network for which any of the Freeware Products are not licensed.


OWNERSHIP AND GRANT OF LICENSE
The Freeware Product is licensed, not sold. The Freeware Product is the sole property of ©LLW™, and is protected by all applicable intellectual property and contract laws, including but not limited to laws relating to patent, copyright and trademark laws, and by applicable international treaties and trade provisions. Any breach of ©LLW™'s rights as the sole owner of the Freeware Product and all intellectual property rights contained therein and in the Freeware Product may subject the offender to civil and criminal penalties, including fine and/or imprisonment.

Subject to the terms and conditions of this Agreement, you may use the Freeware Product without payment of any license fees, provided that such performance and use are for personal purposes only. Personal purposes explicitly excludes the Freeware Product to be used by commercial, governmental, and non-profit organisations, or any professional use.


DISTRIBUTION
The User may copy and distribute verbatim copies of the Freeware Product as he received it, in any medium provided that the User will do so free of charge, and without any other gain, be it commercial or non-commercial. Also, the User will conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Freeware Product a copy of this License along with the Freeware Product.


FREEWARE PRODUCT TRANSFER
User may permanently transfer the entire Freeware Product to any third party only upon obtaining written consent from ©LLW™, providing that the original User destroys all remaining copies of the Freeware Product, and any portions thereof, and that the third party accepts the terms of this EULA in its entirety.

In the event that User has received this Freeware Product as part of a Freeware Bundle, then all Freeware Products supplied as part of that Freeware Bundle must be transferred. Under no circumstances can a Freeware Product supplied as part of a Freeware Bundle be transferred separately.


PROHIBITIONS
User may not sell, sub-license, rent, lease or provide commercial service bureau services with any portion of the Freeware Product.

To the maximum extent permitted under law, if during the warranty period set forth below, a defect is discovered by User, User's exclusive remedy hereunder shall be, at the sole option of ©LLW™, the repair or replacement of the Freeware Product. In order to obtain such remedy, User must return the Freeware Product in its entirety to ©LLW™, for a replacement copy.


WARRANTIES AND WARRANTY DISCLAIMERS; LIMITATION OF LIABILITY
THE FREEWARE PRODUCT IS PROVIDED ENTIRELY "AS IS". ©LLW™ EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED OR EXPRESS WARRANTIES OF TITLE.

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WILL ©LLW™ BE LIABLE TO USER FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, INTERRUPTION TO BUSINESS, LOSS OF INFORMATION OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SUPPLY TO OR USER'S USE OF OR INABILITY TO USE THE FREEWARE PRODUCT, WHETHER ©LLW™ HAS BEEN INFORMED OF THE POSSIBILITY OF THE SAME OR NOT, AND WHETHER STYLED AS A CLAIM IN CONTRACT, TORT OR OTHER LEGAL THEORY.

USER ACKNOWLEDGES THAT NO PROMISE, REPRESENTATION, WARRANTY OR UNDERTAKING HAS BEEN MADE BY ©LLW™ TO ANY PERSON OR COMPANY ON USER'S BEHALF AS TO THE PROFITABILITY OR ANY OTHER CONSEQUENCES OR BENEFITS TO BE OBTAINED FROM DELIVERY TO USER OF THE FREEWARE PRODUCT. USER HAS RELIED UPON ITS OWN SKILL AND JUDGMENT IN ACQUIRING THE FREEWARE PRODUCT. TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT A COMPLETE LIMITATION OF DAMAGES AS SET FORTH HEREIN, USER AGREES THAT ITS DAMAGES SHALL BE LIMITED TO ONE DOLLAR (U.S.). NOTHING HEREIN SHALL BE CONSTRUED AS ATTEMPTING TO ENFORCE RIGHTS AGAINST USER BEYOND THOSE PERMITTED BY APPLICABLE LAW.

Important Exception to Limitation of Liability and Warranty

The above limitation may not apply to User as legislation, such as the Australian Trade Practices Act of 1974, may imply into this EULA a warranty or condition and such legislation may avoid or prohibit the terms of this EULA from excluding, restricting or modifying the application of such warranty or conditions. Nothing in this EULA is intended to exclude, restrict or modify any liability of ©LLW™ under Part VA of the Australian Trade Practices Act of 1974 or any similar law under any other jurisdiction in which the Freeware Product is sold.



ENTIRE AGREEMENT
This EULA embodies the entire agreement between ©LLW™ and User in relation to the terms on which User is licensed to use the Freeware Product; any written or oral agreement between the parties in connection with the subject matter hereof is hereby superseded and of no further force or effect. This EULA may be amended only by a writing executed by both parties.



GOVERNING LAW
This EULA is governed by the laws of The Netherlands, and the European Union. ©LLW™ and User each irrevocably and unconditionally submit to the exclusive jurisdiction and venue of The Netherlands, and the European Union, and each knowingly waives any objection that the courts therein do not have personal jurisdiction or that the courts are an improper forum, or not a convenient forum. The International Sale of Goods Convention shall not apply to this License Agreement, and is expressly excluded hereunder.


EXPORT RESTRICTIONS
Depending upon the jurisdiction in which the Freeware Product is sold, this License Agreement may be subject to certain government export and other restrictions. For example, if User has obtained the Freeware Product in the European Union, this License Agreement is subject to and conditional upon compliance with European Union export regulations and User shall comply with all applicable laws and regulations of the European Union, including export, relating to the Freeware Product and the use thereof, and User shall provide such documentation and assurances as are required from time to time to comply herewith. User shall pay any and all taxes, export/import customs fees, duties, excise or other charges of whatever nature as or now may hereafter be imposed upon or levied in connection with the license, use, possession, exportation, or importation, or servicing of the Freeware Product (except for taxes imposed on the net income of ©LLW™) and any such taxes, fees, duties or such similar costs imposed on ©LLW™ shall be promptly reimbursed to ©LLW™ by User upon demand and may be added to the price for this license at ©LLW™'s option.


SEVERANCE
If any provision of this EULA is or at any time becomes illegal, prohibited, void or unenforceable for any reason, that provision is severed from this EULA and the remaining provisions of this EULA shall continue to be enforceable and are to be construed with such additions, deletions and modifications as are necessary to give effect to the remaining provisions of this EULA.

TERMINATION
THIS LICENSE IS EFFECTIVE UNTIL TERMINATED. User may terminate it by destroying or returning all copies of the Freeware Product and all of its component parts. THIS LICENSE WILL TERMINATE AUTOMATICALLY WITHOUT FURTHER ACTION FROM ©LLW™ IF USER FAILS TO COMPLY WITH ANY TERM OR CONDITION OF THIS AGREEMENT.
