THIS AGREEMENT STATES THE TERMS AND CONDITIONS UPON WHICH CAERE CORPORATION ("CAERE") OFFERS TO LICENSE OMNIFORM INTERNET FILLER 1.0 ("THE SOFTWARE") TO YOU. BY CLICKING THE "YES" BUTTON BELOW YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK THE "NO" BUTTON TO CLOSE THE SETUP.
1 . License. The enclosed Software is licensed, not sold, to you for use only under the terms of this license, and CAERE reserves all rights not expressly granted to you. This license allows you to:
(a) install the Software in a single location on a hard disk or other storage device; install and use the Software on a file server for use on a network for the purpose of permanent installation onto hard disks or other storage devices or use the Software over such network;
(b) distribute, free of charge, OmniForm Internet Filler 1.0 for use with or as incorporated into your application. You may make unlimited copies of the Software and give copies to other persons or entities as long as the copies contain this Agreement and the same copyright and other proprietary notices that appear on or in the Software. YOU MAY NOT SELL, RENT OR LEASE THE SOFTWARE.
2. Restrictions. (a) you may not decompile, reverse engineer, disassemble or otherwise reduce the code of the Software to a human perceivable form; (b) YOU MAY NOT MODIFY, ADAPT OR TRANSLATE THE SOFTWARE OR CREATE DERIVATIVE WORKS BASED ON THE SOFTWARE; (c) The Software is copyrighted. Unauthorized copying of the Software, including portions thereof or the written materials, is expressly forbidden; (d) You understand that CAERE may update or revise the Software and in so doing incurs no obligation to furnish such updates to you; (e) If you upgrade the Software to a higher-numbered version of the Software or to a comparable CAERE software product (including versions for different operating systems), this license is terminated and your rights shall be limited to the license associated with that product or version.
3. Termination. This License is effective until terminated. Except for Sections 6 and 7, this License shall terminate automatically upon the earlier of your breach of your obligations under the License or January 1, 2030. Upon termination, you agree that you will destroy the Software and all copies. This remedy shall be in addition to any other remedies available to CAERE.
4. Export Control. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
5. Government End Users. The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software", as such term is used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.
6. Limited Warranty. CAERE does not warrant that the operation of the Software will meet your requirements or operate free from error. CAERE DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CAERE, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
7. CAERE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST BUSINESS PROFITS, LOSS OF INFORMATION, BUSINESS INTERRUPTION, OR THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF CAERE OR ITS REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES 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.
8. General. This License shall be governed and interpreted in accordance with the laws of the State of California, USA, without giving effect to choice of law principles. This License shall not be governed by the United Nations Convention for the International Sales of Goods, the application of which is expressly excluded. This License contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements or understandings (oral or written).
If you have any questions about this License, contact CAERE at: 100 Cooper Court, Los Gatos, California 95030, USA, Attn: Contract Administrator.
