READ THIS DOCUMENT CAREFULLY BEFORE USING THE SOFTWARE PACKAGED WITH THIS AGREEMENT. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. If you do not agree to the terms of this License, do not use the software. Instead, promptly return the entire package to the place you obtained it for a full refund.
END-USER SOFTWARE LICENSE AGREEMENT
LICENSE:
1. Canto Software AG and/or Canto Software, Inc. ("Canto") licenses you to use the software contained in this package. This copy of the software is licensed (not sold) to you for use only under the terms of this License. You own the disk or other media containing the software, but Canto and its suppliers retain all title and ownership of the software.
If you have acquired a "Single User Version" of the software, you may install and use the software only on a single computer at one time. If you have acquired a "Network Version" of the software, you may install and use a) the server component of the software only on a single server, and b) the client component of the software (including the Cumulus Engine) only on the number of client PCs for which you have purchased a license (the number of Cumulus Client programs you have purchased).
If the software contains a folder entitled "Cumulus Browser," you may copy and distribute the folder, provided that all of the contents of the folder, including the "read-me" files, must be distributed together. You may not charge for the folder, but you may charge for your own software or other product that you distribute with it. If you distribute the folder, you must identify Canto as the owner of the copyright in it. You must also give notice that Canto and Cumulus are Canto's trademarks whenever you use those marks.
If the software includes the Cumulus Internet Image Server, you may modify the HTML files included with the Image Server. If you make such modifications, you may make available copies of the modified HTML files only to other authorized users of the Cumulus Media Management System with valid licenses thereto.
2. Except as provided above, you may not (a) copy, modify or reproduce the software for any purpose, or (b) distribute the software or any portion thereof to anyone else, except that you may transfer the software (but only together with the user documentation) on a permanent basis, in which case you must not keep any copies, and the person you transfer the software to must agree to the terms of this License. You may not copy the user documentation, and you may not remove any proprietary notices or labels on or in the software.
3. You must protect the confidentiality of the software. You may not disassemble, decompile or otherwise reverse engineer the software, except to the extent that applicable law allows you to do so and does not permit you to agree otherwise.
4. You may not rent or lease the software.
TERMINATION: This license will terminate automatically if you fail to comply with the terms and conditions described above. Upon termination of this license, you agree to destroy all copies of the software.
U.S. GOVERNMENT RESTRICTED RIGHTS: The software and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subdivision (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. Manufacturer is Canto Software, Inc., 290 Division Street, Suite 400, San Francisco, CA 94103 USA, and/or Canto Software AG, Alt-Moabit 59-60, 10555 Berlin GERMANY.
GENERAL: This License and the attached Warranty and Limitation of Liability are governed by the laws of the state of California. If any provision of this License is found to be invalid by any court having jurisdiction, that provision will be deemed deleted and will not affect the validity of any other provision of this License.
WARRANTY AND LIMITATION OF LIABILITY
LIMITED WARRANTY: Canto warrants that the disks on which the software is furnished will be free of defects in materials and workmanship under normal use and conditions for a period of ninety days from the date you obtain it, as shown by your receipt. No distributor, dealer or any other person is authorized to expand or alter this warranty or this License. This warranty is limited to the original purchaser and is not transferable.
Canto 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. You have full responsibility for selecting the software to achieve your intended results, and for the installation, use and results obtained from the software. You also have the entire risk as to the quality and performance of the software.
EXCEPT AS STATED ABOVE IN THIS SECTION, THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state, and country to country. Some states and countries do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
LIMITATION OF REMEDIES AND DAMAGES: Canto's entire liability and your exclusive remedy will be, at Canto's option, either the refund of the price paid or the replacement of any disk not meeting Canto's "Limited Warranty" above.
IN NO EVENT WILL CANTO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF CANTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states or countries 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.
IN NO EVENT WILL CANTO'S LIABILITY OR DAMAGES TO YOU OR ANY OTHER PERSON EVER EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM.
