License Agreement

https://www.scootersoftware.com/v4help/index.html?support_ordering_and_license.html

Your use of Beyond Compare is governed by the following Terms and
Conditions:

Acceptance of License Agreement

You should carefully read the following terms and conditions before
using Beyond Compare 4 (the "Software").  Unless you have a different
license agreement signed by Scooter Software, your use of this software
indicates your agreement to these terms and conditions.  If you do not
accept all of these terms and conditions, you must cease using the
Software immediately.

Copyright

Customer acknowledges that the Software, License Key and accompanying
user documentation ("Documentation") are copyrighted works owned by
Scooter Software and that Customer has no rights in the foregoing except
as expressly granted herein.

Free 30-Day Trial

This is not free software.  Scooter Software hereby grants you a
non-exclusive, non-transferable, limited license to use the Software
free of charge for a period of thirty (30) days.  Use of the Software
beyond the thirty-day (30-day) trial period requires the purchase of a
License Key as described below.  Use of the Software beyond the
thirty-day (30-day) trial period without purchase of a License Key is a
violation of U.S. and international copyright laws.

License Key

A unique key that will allow you to use the Software beyond the
thirty-day (30-day) free trial period ("License Key") may be purchased
from the Scooter Software website, which is currently
http://www.scootersoftware.com.  A License Key may be purchased for
single or multiple users, all users at a named site, or an entire
enterprise.  A License Key is further categorized by feature set
(Standard Edition or Pro Edition), and operating system platform
(Windows Platform, Mac Platform, Linux Platform, or Multi Platform).  A
price list on the Scooter Software website details pricing for all
license options.  Upon purchase of a License Key, Scooter Software
hereby grants you a non-exclusive, non-transferable license to use the
Software with the applicable feature set on the applicable operating
system platform as follows:

   Per-User License Key:  A Per-User License Key may be purchased for a
   specific quantity of users.  Each user of the total quantity may be
   either (a) a person who has access to the Software on any number of
   computers, or (b) a computer on which the Software will be installed
   for use by any number of persons, one at a time, while physically
   present at the computer.  Each person so licensed must be the
   Customer, an employee of the Customer, an employee of a Customer's
   subsidiary company, or a third party consultant retained by the
   Customer to perform information technology functions (each, a "Third
   Party") to use the Software solely for Customer's internal business
   operations and benefit, and for no other purpose whatsoever.
   Customer shall ensure that such Third Party complies with the terms
   of this License Agreement and will be responsible for any breach by
   such Third Party.

   Site License Key:  An unlimited user, single-location License Key may
   be used at Customer locations within a 100-mile radius of the site
   identified in the License Key (the "Site"), by any and all of
   Customer's employees while personally present at the Site.  This
   license is likewise granted to Customer's employees who typically
   work at the Site, while performing Customer work at other locations
   such as client locations or home.  Customer shall have the right to
   sublicense its rights under this License Agreement to third party
   consultants that it retains to perform information technology
   functions (each, an "Onsite Consultant"), while personally present at
   the Site to use the Software solely for Customer's internal business
   operations and benefit, and for no other purpose whatsoever.
   Customer shall ensure that such Onsite Consultant complies with the
   terms of this License Agreement and will be responsible for any
   breach by such Onsite Consultant.

   Enterprise License Key:  An enterprise-wide ("Enterprise") License
   Key may be used world-wide, by any and all of Customer's employees.
   Customer shall have the right to sublicense its rights under this
   License Agreement to third party consultants that it retains to
   perform information technology functions (each, an "Enterprise
   Consultant"), while personally present at any Customer location to
   use the Software solely for Customer's internal business operations
   and benefit, and for no other purpose whatsoever.  Customer shall
   ensure that such Enterprise Consultant complies with the terms of
   this License Agreement and will be responsible for any breach by such
   Enterprise Consultant.

You shall be responsible for maintaining the License Key in a safe
location and are specifically prohibited from distributing the License
Key, intentionally or unintentionally, to any third party not authorized
by this License Agreement.  Upon loss or distribution of the License
Key, Customer shall be required to pay a reinstatement fee at Scooter
Software's discretion.

Distribution of the Software

Provided that you do not copy or distribute the License Key, and you
include a copy of this License Agreement, you may (a) make copies of the
Software; (b) give exact, unmodified copies of the Software to anyone;
and (c) distribute the Software in its unmodified form via electronic
means.  You are specifically prohibited from charging any fees for any
such copies or distributions.

Term and Termination

You may continue to use the Software for as long as you comply with the
terms and conditions of this License Agreement.  Scooter Software may
terminate this License Agreement immediately upon notice to you in the
event that Scooter Software has reason to believe you have breached this
License Agreement.  Upon termination, you shall immediately cease all
use of the Software, License Key and Documentation and shall not be
entitled to a refund of any fees paid.

Warranties

Scooter Software warrants and represents that: (a) it has all right,
title and interest in the Software, the right to enter into and provide
the license rights granted by this Agreement, and is not party to and
will not enter into any agreement, covenant or encumbrance that
conflicts with this Agreement; (b) the Software does not, to the best of
Scooter Software’s knowledge, infringe upon or violate any patent,
copyright, or trade secret or other proprietary right of any third
party; (c) the advent of any date or year shall not adversely affect the
performance of the Software; and (d) the Software is not contaminated by
harmful code (e.g., self-propagating program instructions commonly
called viruses, worms or Trojans).

General Disclaimer

Except for the limited warranties set forth herein, THE SOFTWARE AND
DOCUMENTATION ARE PROVIDED "AS IS".  TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, SCOOTER SOFTWARE DISCLAIMS ALL WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
ANY LIABILITY OF SCOOTER SOFTWARE WILL BE LIMITED EXCLUSIVELY TO REFUND
OF THE PURCHASE PRICE.

Miscellaneous Provisions

The validity and interpretation of this Agreement shall be governed by
the laws of the United States of America and the State of Wisconsin.
Customer agrees that the state and federal courts located in the State
of Wisconsin, Dane County, shall be the appropriate site of venue for
actions relating to this Agreement, and hereby consents to the exclusive
jurisdiction and venue of such courts.  If any provision of this
Agreement is declared by a court of competent jurisdiction to be
invalid, illegal or unenforceable, such provision or part thereof will
be severed from the Agreement and the remaining provisions will remain
in full force and effect.
