Do NOT install or use this software until you have read and accepted all of the terms of this License.  Permission to use the software is conditional upon you agreeing to the license terms.  Installation or use of the software by you will be deemed to be acceptance of the license terms.  Acceptance will bind you to the license terms in a legally enforceable contract with WinAbility.

As with all installations, it is recommended that you back up your hard drive before you install this program. 

This Software (including instructions for its use) IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU.

SOFTWARE LICENSE

This is a legally binding agreement between you (end user) and us (WinAbility). By installing and/or using Singularity 	 (hereinafter the Software or Program), you are agreeing to become bound by the terms of this agreement.

If you acquired this Software as an upgrade of a previous version, this Agreement replaces and supersedes any prior Agreements. You may not continue to use any prior versions of the Software. 

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE. PROMPTLY RETURN THE ENTIRE PACKAGE TO THE PLACE WHERE YOU OBTAINED IT FOR A FULL REFUND.

GRANT OF LICENSE. WinAbility grants to you a non-exclusive right to use this Software in accordance with the terms contained in this Agreement. The software is in "use" on a computer when it is loaded into the temporary memory (i.e., RAM) of that computer. 

You understand and agree that the installation of this program will install files necessary to operate the program onto your computer. Other system files, such as .DLLs may be installed or updated and Windows registry entries will be made. Uninstalling the program may not remove all of the installed files or registry entries. 

EVALUATION MODE

Evaluation Mode is a mode of operation of the Software which sole purpose is to determine whether the Software meets your needs. WinAbility grants to you a limited license to use the Software in the Evaluation Mode for evaluation purposes for a period not to exceed 14 days. This period may be not a contiguous sequence of days. However, you should count a day as an evaluation day if you used the Program during that day in the Evaluation Mode at least once. Once the evaluation period has ended, you MUST either: 1) purchase a license for use of the program in the Registered Mode, or 2) stop using the Software.  Use of the software in the Evaluation Mode beyond the end of the evaluation period without purchasing a license is in violation of copyright laws. To obtain a license for use of the Software in the Registered Mode, you should send your name, address, and correct amount of the registration fee to us or our authorized dealer, according to the instructions included in the documentation to the Software. If you have sent us your registration fee, you may continue to use the Evaluation Mode beyond the end of the evaluation period until you receive your Registration Acknowledgment. 

REGISTERED MODE

Registered Mode is a mode of operation of the Software after you have entered a valid registration code into the Software. In order to use the Software in the Registered Mode you must purchase a license from us or our authorized dealer(s). You may not use a registration code that you have not purchased from us or our authorized dealer(s). You may not use the Software in the Registered Mode unless you have purchased a license from us or our authorized dealer(s). You agree to keep your Registration Code for your own use only and not share it with anybody else. You also agree to keep your Registration Code in a safe place, and you further agree that we have no obligation to provide you with the replacement copies of your Registration Code.

If you have registered the Software, you may not transfer, assign, rent, lease, sell or otherwise dispose of the Software to another person or entity. You may install a Registered Copy of the software on more than one computer (for example, a desktop system and a portable notebook), provided that you are the only user of those computers and there is no possibility to use the Licensed Copy by anybody else.If more than one user wishes to use the Software in the Registered Mode at your location, each such user must purchase an individual license for continued use, or a site license for the total number of users at your location must be purchased. You may transfer the Software from one of your computers to another, provided that the total number of users the Software does not exceed the number of copies for which you have purchased a license.

PASSWORDS

You agree that you are the sole responsible party for the safe keeping of the password(s) that you have chosen in connection with this Software, and you further agree that we have no obligation to recover neither the password(s) you might have lost or forgotten, nor the information protected by such passwords.

SUPPORT. We will provide free technical support by email, to the registered users, for at least 90 days since the day of the purchase. However, we reserve the right to terminate support to users who in our judgment are unreasonable or abusive, or who have system or other difficulties which transcend the scope of this software.

LIMITED DISTRIBUTION LICENSE

You may make as many copies of the Program as you wish, give it to others, upload it to any on-line service, BBS, FTP, or WWW site worldwide, include it in software collections such as CD-ROM disks, distribute it through Disk-of-the-Month (or Subscription) Distribution, and distribute it in any other possible way, as long as you:

-  do not share your Registration Code with anyone else, if the copy you use is a Registered Copy;

-  include ALL of the ORIGINAL UNMODIFIED files supplied with the Software;

-  agree not to sell the Software or distribute it to others for any kind of compensation or fee (small shipping and handling fees are acceptable), unless you have received written permission from us, and your permission to distribute the Software has not been revoked by us;

-  agree to inform the user(s) that the Evaluation Mode is to be used for a time limited evaluation period, and that a license for its continued use must be purchased once the evaluation period has ended;

-  do not bundle the Software with any other software without our written permission.

Permission to distribute the Software package is not transferable, assignable, saleable, or franchisable.  Each vendor wishing to distribute the package must independently satisfy the terms of this limited distribution license.

LIMITED WARRANTY

The following limited warranty applies only if you have purchased a license for use of the Software in the Registered Mode. This warranty does NOT apply to the Software used in the Evaluation Mode, or if you have not purchased a license for use of the Software in the Registered Mode.

Satisfaction Guarantee.  If you are dissatisfied with this Software for any reason, you may request a refund at any time up to 30 days after purchase and we will give you a refund. In no event the refund will exceed the amount you paid for the license. The shipping costs, if any, are non-refundable.  You must contact us before returning any product for a refund. This satisfaction guarantee does not apply to multi-system licenses for more than 10 computers, or to purchases of more than 10 individual copies at a time.

You agree that if you request a refund, you will not be eligible to receive the services which we may provide to our registered customers, including (but not limited to) technical support, free or discounted software upgrades, notifications of new released, etc. You also agree to destroy all copies of the Registration Code and other licensing materials you might have received from us, and you further agree not to use the Software in the Registered Mode. 

We pledge that the disks (if any) and any printed material (if any) we may send you will arrive free of physical defects which interfere with normal use. If you find such a defect and report it to us within 30 days of receiving it, we agree to replace the defective item(s) at no charge to you as long as the defect was not caused by misuse or abuse.

We do not promise that the Software is free of program errors, and you agree that the program errors will not be considered as "physical defects" in the program. We agree that if you report a program error to us, we will use our best efforts to correct it, however, we cannot guarantee that any particular error can be corrected.

DISCLAIMER OF LIABILITY

The SOFTWARE (including instructions for its use) is provided "AS IS" WITHOUT WARRANTY OF ANY KIND. WinAbility further DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU.

IN NO EVENT SHALL WinAbility, ITS AUTHOR(S), OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF WinAbility HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

OWNERSHIP OF SOFTWARE

WinAbility and its suppliers retain the copyright, title and ownership of the Software and the written materials. Except as may be required under applicable law, you agree not to alter, decompile, disassemble, or reverse engineer the Software, in whole or in part, whether for error correction or otherwise. The Software is protected by copyright laws and international treaty provisions. You agree not to alter, remove or obscure any copyright notices or other proprietary notices on and in the software. 

COPYRIGHT NOTICE. Copyright (c) 1999-2000  WinAbility. All rights reserved.

TRADEMARKS. Singularity, WinAbility and its logo, WinAbility.Com, and "The Way Software Should Be!" are registered trademarks or trademarks of WinAbility. All other product names may be trademarks of their respective owners.

CONCLUSION

This Agreement is effective until terminated. This Agreement will terminate automatically without notice from WinAbility if you fail to comply with any provision of this Agreement. Upon termination you shall destroy the written materials and all copies of the Software, including modified copies, if any.

You agree that you will not export the Software or documentation except in compliance with the laws and regulations of the United States.

US GOVERNMENT RESTRICTED RIGHTS.   The Software and any accompanying materials are provided with Restricted Rights. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is WinAbility.

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois and the Federal Arbitration Act and shall benefit WinAbility, its successors and assigns. Any claim or dispute between you and WinAbility or against any agent, employee, successor or assign of WinAbility related to this Agreement or the Software shall be resolved by binding arbitration in Arlington Heights, IL by and under the rules of the American Arbitration Association. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

All rights not expressly granted here are reserved to WinAbility.
