||Purchase, download and operation of the Delphi Basics standalone program assumes that you have read
and agreed to the terms and conditions laid out here. Do Not proceed if you do not agree with
these terms and conditions.
In the text below, the author is Neil Moffatt, being the person who designed, populated, and built
- License Grant. Subject to the payment of the software purchase fee,
and subject to the terms and conditions of this
Agreement, the author hereby grants to you a non-exclusive,
non-transferable right to use one copy of the specified
version of the Software.
You may install one copy of the Software on one computer or workstation.
- Use. The Software is licensed as a single product; it
may not be used on more than one Client Device or by more
than one user at a time, except as set forth in Section 1.
The Software is "in use" on a Client Device
when it is loaded into the temporary memory (i.e.,
random-access memory or RAM) or installed into the
permanent memory (e.g., hard disk, CD-ROM, or other
storage device) of that Client Device.
This license authorizes you to make one copy of the Software solely for
backup or archival purposes, provided that the copy you
make contains all of the Software's proprietary notices.
- Term. This Agreement is effective for an unlimited
duration unless and until earlier terminated as set forth
herein. This Agreement will terminate automatically if you
fail to comply with any of the limitations or other
requirements described herein.
Upon any termination or expiration of this Agreement, you must destroy
all copies of the Software. You may terminate this
Agreement at any point by destroying all copies of the
- Updates. If updates to the original Delphi Basics web site
are made available in an updated version of the standalone program,
then you may be entitled to download these at no extra cost. The decision
will be at the discretion of the author, as it depends on the management of
different versions of the program.
There is no obligation on the author to update the web site however.
- Ownership Rights. The Software is protected by British
copyright laws and international treaty provisions.
The author owns and retains all right, title and
interest in and to the Software, including all copyrights,
patents, trade secret rights, trademarks and other
intellectual property rights therein.
Your possession, installation, or use of the Software does not transfer to you
any title to the intellectual property in the Software, and
you will not acquire any rights to the Software except as
expressly set forth in this Agreement.
All copies of the Software made hereunder must contain the
same proprietary notices that appear on and in the Software.
- Restrictions. You may not rent, lease, loan or resell the
Software. You may not permit third parties to benefit from
the use or functionality of the Software via a timesharing,
service bureau or other arrangement, except to the extent such
use is specified in the applicable list price or product
packaging for the Software.
You may not transfer any of the rights granted to you under this Agreement. You may not
reverse engineer, decompile, or disassemble the Software,
except to the extent the foregoing restriction is expressly
prohibited by applicable law.
You may not modify, or create derivative works based upon, the
Software in whole or in part. You may not copy the Software or
Documentation except as expressly permitted in Section 1 above. You may not remove
any proprietary notices or labels on the Software.
All rights not expressly set forth hereunder are reserved by the author.
The author reserves the right to periodically conduct audits upon
advance written notice to verify compliance with the terms of
- Warranty and Disclaimer.
- Customer Remedies. The author's entire
liability and your exclusive remedy for any breach of the
foregoing warranty shall be return of the purchase price paid
for the software.
- Warranty Disclaimer. The software has been duly designed, built and tested
to be as free from error as is reasonable by the author. The limited warranty set
forth herein :
THE SOFTWARE IS PROVIDED "AS IS." TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR DISCLAIMS
ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE
SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. YOU ASSUME
RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR
INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND
RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE
FOREGOING PROVISIONS, THE AUTHOR MAKES NO WARRANTY THAT THE
SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR
OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR
REQUIREMENTS. SOME LOCALES AND JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
The foregoing provisions shall be enforceable to the maximum
extent permitted by applicable law.
- Limitation of Liability.
UNDER NO CIRCUMSTANCES AND UNDER
NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE,
SHALL THE AUTHOR BE LIABLE TO YOU OR TO ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE
OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES.
IN NO EVENT WILL THE AUTHOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF
THE LIST PRICE THE AUTHOR CHARGES FOR A LICENSE TO THE SOFTWARE,
EVEN IF THE AUTHOR SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME
STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
The foregoing provisions shall be enforceable to the maximum extent
permitted by applicable law.
- High Risk Activities. The Software is not fault-tolerant
and is not designed or intended for use in hazardous
environments requiring fail-safe performance, including
without limitation, in the operation of nuclear facilities,
aircraft navigation or communication systems, air traffic
control, weapons systems, direct life-support machines, or any
other application in which the failure of the Software could
lead directly to death, personal injury, or severe physical or
property damage (collectively, "High Risk Activities").
The author expressly disclaims any express or implied warranty of
fitness for High Risk Activities.
- Miscellaneous. This Agreement is governed by the laws of
Britain, without reference to conflict of laws principles. This
Agreement sets forth all rights for the user of the Software
and is the entire agreement between the parties. This
Agreement supersedes any other communications with respect to
the Software and Documentation.
This Agreement may not be
modified except by a written addendum issued by a duly
authorized representative of the author. No provision hereof
shall be deemed waived unless such waiver shall be in writing
and signed by the author or a duly authorized representative of
the author. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force
and effect. The parties confirm that it is their wish that
this Agreement has been written in the English language only.
- CUSTOMER CONTACT. If you have any questions
concerning these terms and conditions, or if you would like to
contact the author for any other reason, please email the author
at : neil.moffatt at ntlworld.com