This License Agreement (Agreement) is a legal agreement between you (either an individual or a single legal entity) and Crescent Vision Interactive, LLC (CVI) for the SOFTWARE identified above, including User's Guide, associated software components, media, printed materials and online documentation. By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this Agreement. If you do not agree to the terms contained herein, do not install or use the SOFTWARE. If the software was mailed to you, return the media envelope, unopened, along with the rest of the package to the location where you obtained it within 30 days from purchase.
1. The SOFTWARE is licensed, not sold.
2. Grant of License:
(a) Evaluation Copy -- This Agreement shall commence on the date you install the SOFTWARE and continue until the earlier of thirty (30) days or termination of this Agreement by CVI for breach by you of any of the terms and conditions set forth herein. If you do not obtain a license for the SOFTWARE, by registering with CVI and paying the required registration fee, prior to the to the expiration or termination of this Agreement, then you agree to destroy the SOFTWARE program and all applicable documentation, and all copies thereof. If you elect to obtain a license for the SOFTWARE, then the conditions set forth in (c), Registered Copy, shall apply.
(b) Redistribution of Evaluation Copy -- If you are using this SOFTWARE on an evaluation basis you are hereby licensed to make copies of the evaluation SOFTWARE as you wish; give exact copies of the original evaluation SOFTWARE to anyone; and distribute the evaluation SOFTWARE in its unmodified form via electronic means. You may not charge any distribution fee for the copy or use of the evaluation SOFTWARE itself, but you may charge a distribution fee that is reasonably related to any cost you incur for distributing the evaluation SOFTWARE. You must not represent in any way that you are selling the SOFTWARE itself. Your distribution of the evaluation SOFTWARE will not entitle you to any compensation from CVI.
(c) Registered Copy -- After you have purchased the license for SOFTWARE, and have received the file enabling the registered copy, you are licensed to copy the SOFTWARE only into the memory of the number of computers corresponding to the number of licenses purchased. Under no other circumstances may the SOFTWARE be operated at the same time on more than the number of computers for which you have paid a separate license fee. You may not duplicate the SOFTWARE in whole or in part, except that you may make one copy of the SOFTWARE for backup or archival purposes. You may terminate this license at any time by destroying the original and all copies of the SOFTWARE in whatever form. You may permanently transfer all of your rights under this Agreement provided you transfer all copies of the SOFTWARE and retain none, and the recipient agrees to the terms of this Agreement.
3. Restrictions:
You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the SOFTWARE.
4. Termination:
Without prejudice to any other rights, CVI may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the SOFTWARE.
5. Copyright:
The SOFTWARE is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of CVI and you will not acquire any rights to the SOFTWARE except as expressly set forth in this Agreement. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
6. No Warranties:
CVI expressly disclaims any warranty for the SOFTWARE. The SOFTWARE and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the SOFTWARE remains with you.
7. Limitation of Liability:
In no event shall CVI or its suppliers be liable to you for any consequential, special, incidental, or indirect damages of any kind arising out of the delivery, performance, or use of the software, even if CVI has been advised of the possibility of such damages. In any event, CVI's liability for any claim, whether in contract, tort, or any other theory of liability, exceed the greater of U.S. $1.00 or the license fee paid by you.
8. Miscellaneous:
If you acquired the SOFTWARE in the United States, this Agreement is governed by the laws of the state of Louisiana. If you acquired the SOFTWARE outside of the United States, then local laws may apply.
Should you have any questions concerning this Agreement, or if you desire to contact CVI for any reason, please contact CVI by mail at P.O. Box 149, Destrehan, LA 70047, or by email at: info@crescentvision.com
