Wyka-Warzecha Enterprises - Electronic End-User Shareware License Agreement

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY INSTALLING OR 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, PROMPTLY REMOVE THE SOFTWARE.

This is a legal agreement (this "Agreement") between you
(either an individual or an entity) and Wyka-Warzecha Enterprises,
("Wyka-Warzecha"). By using this software program, AScratchNWin.class, (hereinafter
the "SOFTWARE"), you are agreeing to become bound by the
terms of this agreement.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT 
USE THIS SOFTWARE. PROMPTLY REMOVE IT FROM YOUR COMPUTER.

1. 	GRANT OF LICENSE. 
   Wyka-Warzecha, as Licensor, grants to you, the 
   Licensee, a non-exclusive right to use this SOFTWARE in
   accordance with the terms contained in this license. 
   You may install a copy of the SOFTWARE on one domain.

2. 	OWNERSHIP OF SOFTWARE. 
   Wyka-Warzecha retains the copyright, title and ownership of the 
   SOFTWARE and the written materials regardless of the form or 
   media in or on which the original and other copies may exist. 

3.      DISTRIBUTION

   You are specifically prohibited from charging, or requesting 
   donations, for any copies of the SOFTWARE, however made, of the full version
   of the SOFTWARE and/or documentation with other 
   products (commercial or otherwise) without prior written 
   permission.

3. 	TERM. 
   This License will terminate automatically without notice from 
   Wyka-Warzecha if you fail to comply with any provision of this 
   License. Upon termination you shall destroy the written 
   materials and all copies of the SOFTWARE, including modified 
   copies, if any.

4. Restrictions.  The Software contains copyrighted and patented material, trade secrets and other proprietary material.  In order to protect them, and except as permitted by applicable legislation, you may not:
a) decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form; or;
b) modify, rent, distribute or create derivative works based upon the Software in whole or in part

5. 	THIS SOFTWARE AND ACCOMPANYING DOCUMENTATAION 
   (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" 
   WITHOUT WARRANTY OF ANY KIND, FURTHER, WYKA-WARZECHA DOES 
   NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS 
   REGARDING THE USE, OR THE RESULTS OF USE, OF THE 
   SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, 
   ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE 
   ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE 
   SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR 
   WRITTEN MATERIALS ARE DEFECTIVE, YOU, AND NOT 
   WYKA-WARZECHA OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR 
   EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY 
   SERVICING, REPAIR OR CORRECTION.

6. Disclaimer of Warranty on Software.  
    You expressly acknowledge and agree that use of the SOFTWARE
    is at your sole risk.  The Software and related documentation are
    provided "AS IS" and without warranty of any kind and WYKA-WARZECHA
    EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, 
    INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF 
    MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  
    WYKA-WARZECHA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE 
    SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE 
    OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED 
    OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE 
    WILL BE CORRECTED.  THE ENTIRE RISK AS TO THE RESULTS 
    AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU.  
    FURTHERMORE, WYKA-WARZECHA DOES NOT WARRANT OR MAKE ANY 
    REPRESENTATIONS REGARDING THE USE OR THE RESULTS 
    OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION 
    IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, 
    CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN 
    INFORMATION OR ADVICE GIVEN BY WYKA-WARZECHA OR WYKA-WARZECHA'S 
    AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY 
   OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.  
   SHOULD THE SOFTWARE PROVE DEFECTIVE, 
    YOU (AND NOT WYKA-WARZECHA OR WYKA-WARZECHA'S AUTHORIZED REPRESENTATIVE) 
    ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, 
    REPAIR OR CORRECTION.  

7. 	NEITHER WYKA-WARZECHA NOR ANYONE ELSE WHO HAS BEEN 
   INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF 
   THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
   CONSEQUENTIAL OR INCIDENTAL  DAMAGES (INCLUDING 
   DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS 
   INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE 
   LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH 
   PRODUCT EVEN IF WYKA-WARZECHA HAS BEEN ADVISED OF THE 
   POSSIBILITY OF SUCH DAMAGES.

7. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING 
    NEGLIGENCE, SHALL WYKA-WARZECHA, OR ITS DIRECTORS, OFFICERS, 
    EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, 
    INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING 
    DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS 
    INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) 
    ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE 
    SOFTWARE OR RELATED DOCUMENTATION, BREACH OR DEFAULT, 
    INCLUDING THOSE ARISING FROM INFRINGEMENT OR ALLEGED 
    INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR 
    OTHER INTELLECTUAL PROPERTY RIGHT, BY WYKA-WARZECHA, EVEN 
    IF WYKA-WARZECHA OR WYKA-WARZECHA'S AUTHORIZED REPRESENTATIVE HAS BEEN 
    ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

8. Controlling Law and Severability.  This License shall be governed by and construed under the laws of the province of Ontario, Canada without reference to its conflict of law principles.  In the event of any conflicts between foreign law, rules, and regulations, and Canadian law, rules, and regulations, Canadian law, rules and regulations shall prevail and govern.  The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this License.  If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
