| |
| LICENSE AGREEMENT AND LIMITED WARRANTY |
| PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. THIS DOCUMENT |
| IS AN AGREEMENT BETWEEN YOU AND INTROVERSION SOFTWARE LIMITED. (THE |
| "COMPANY"). THE COMPANY IS WILLING TO LICENSE THE ENCLOSED SOFTWARE TO YOU |
| ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THIS |
| AGREEMENT. BY USING THE SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS |
| OF THIS LICENSE. |
| |
| 1. Ownership And License. This is a license agreement and NOT an agreement |
| for sale. The software contained in this package (the "Software") is the |
| property of the Company and/or its Licensors. You own the disk/CD on which |
| the Software is recorded, but the Company and/or its Licensors retain title |
| to the Software and related documentation. Your rights to use the Software |
| are specified in this Agreement, and the Company and/or its Licensors |
| retain all rights not expressly granted to you in this Agreement. |
| |
| 2. Permitted Uses. You are granted the following right to the Software : |
| (a) Right to Install and Use. You may install and use the Software on a |
| single computer. If you wish to use the Software on more than one computer, |
| please contact the Company for information concerning an upgraded license |
| allowing use of the Software with additional computers. |
| |
| 3. Prohibited Uses. The following uses of the Software are prohibited. You |
| may NOT : |
| (a) Make or distribute copies of the Software or documentation, or any |
| portion thereof, except as expressly provided in this Agreement. |
| (b) Use any backup or archival copy of the Software (or allow someone else |
| to use such copy) for any purpose other than to replace the original copy |
| in the event it is destroyed or becomes defective; |
| (c) Alter, decompile, modify reverse engineer or disassemble the Software, |
| create derivative works based upon the Software, or make any attempt to |
| bypass, unlock or disable any protective or initialization system on the |
| Software; |
| (d) Rent, lease, sub-license, time-share, or transfer the Software or |
| documentation, or your rights under this Agreement. |
| (e) Remove or obscure any copyright or trademark notice(s) on the Software |
| or documentation; |
| (f) Upload or transmit the Software, or any portion thereof, to any |
| electronic bulletin board, network, or other type of multi-use computer |
| system regardless of purpose; |
| (g) Include the Software in any commercial products intended for |
| manufacture, distribution, or sale; or |
| (h) Include the Software in any product containing immoral, scandalous, |
| controversial, derogatory, obscene, or offensive works. |
| |
| 4. Termination. This license is effective upon the first use, installation, |
| loading or copying of the Software. You may terminate this Agreement at any |
| time by destruction and disposal of the Software and all related |
| documentation. This license will terminate automatically without notice |
| from the Company if you fail to comply with any provisions of this license. |
| Upon termination, you shall destroy all copies of the Software and any |
| accompanying documentation. |
| All provisions of this Agreement as to warranties, limitation of liability, |
| remedies or damages shall survive termination. |
| |
| 5. Copyright Notice. The Company and/or our Licensors hold valid copyright |
| in the Software. Nothing in this Agreement constitutes a waiver of any |
| right under English Copyright law or any other federal or provincial law. |
| This program is protected by English and international copyright laws. |
| |
| 6. Miscellaneous. This Agreement shall be governed by the laws of England. |
| If any provision, or any portion, of this Agreement is found to be |
| unlawful, void, or for any reason unenforceable, it shall be severed from, |
| and shall in no way affect the validity or enforceability of the remaining |
| provisions of the Agreement. |
| |
| 7. Limited Warranty and Disclaimer of Warranty. For a period of 90 days |
| from the date on which you purchased the Software, the Company warrants |
| that the media on which the Software is supplied will be free from defects |
| in materials and workmanship under normal use. If the Software fails to |
| conform to this warranty, you may, as your sole and exclusive remedy, |
| obtain a replacement free of charge if you return the Software to us with a |
| dated proof of purchase. The Company does not warrant that the Software or |
| its operations or functions will meet your requirements, nor that the use |
| thereof will be without interruption or error. |
| |
| EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DISCLAIMS ALL |
| WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE |
| IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. |
| EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DOES NOT |
| WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE |
| RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, |
| RELIABILITY, CURRENTNESS OR OTHERWISE. |
| IN NO EVENT SHALL THE COMPANY OR ITS EMPLOYEES OR LICENSORS BE LIABLE FOR |
| ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF |
| OR IN CONNECTION WITH THE LICENSE GRANTED UNDER THIS AGREEMENT INCLUDING |
| AND WITH-OUT LIMITATION, LOSS OF USE, LOSS OF DATE, LOSS OF INCOME OR |
| PROFIT, OR OTHER LOSS SUSTAINED AS A RESULT OF INJURY TO ANY PERSON, OR |
| LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, EVEN IF THE |
| COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF |
| THE POSSIBILITY OF SUCH DAMAGES, IN NO EVENT SHALL LIABILITY OF THE COMPANY |
| FOR DAMAGES WITH RESPECT TO THE SOFTWARE EXCEED THE AMOUNTS ACTUALLY PAID |
| BY YOU, IF ANY, FOR THE SOFTWARE. |
| SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY |
| FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR |
| EXCLUSION MAY NOT APPLY TO YOU. |
| ACKNOWLEDGEMENT |
| YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE |
| TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT |
| IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND |
| THE COMPANY AND SUPERCEDES ALL PROPOSALS OR PRIOR ENDORSEMENTS, ORAL OR |
| WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND THE COMPANY OR ANY |
| REPRESENTATIVE OF THE COMPANY RELATING TO THE SUBJECT MATTER OF THIS |
| AGREEMENT. |