This Agreement governs your use of the Utah State Historical Society computer software included on the CD and all of the data, photographs, documents, and all materials associated with it (the "Product"). USE OF THE ENCLOSED SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, EITHER DESTROY OR RETURN, INTACT, THE UTAH CENTENNIAL CAPSTONE SUITE PACKAGE, CONTAINING THE CD, TOGETHER WITH THE OTHER COMPONENTS OF THE PRODUCT TO THE UTAH STATE HISTORICAL SOCIETY.
1. GRANT OF LICENSE. This Agreement permits you to use one copy of the Product, which is licensed as a single product. The Product is in use on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk or other storage device) of that computer. You may use the Product on a network.
2. COPYRIGHT AND RESTRICTIONS. The Product is owned by the Utah State Historical Society and is protected by United States copyright laws and international treaty provisions. The Historical Society retains all rights not expressly granted. You must treat the Product like any other copyrighted material except that you may either make one copy of the Product solely for backup or archival purposes or transfer the Product to a single hard disk provided you keep the original solely for backup or archival purposes. You may not rent or lease the Product, but you may transfer your rights under this Agreement on a permanent basis provided you transfer the license granted by this Agreement, the Product and all associated printed materials, retain no copies and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile or disassemble the Product.
This license does not authorize you to copy, distribute, or sell, in printed or electronic form, any of the data, photographs, documents, or other materials that are part of the Product.
3. LIMITED WARRANTY. The Utah State Historical Society warrants to you, the original end user, that the product will perform substantially in accordance with the accompanying documentation and that the product is properly recorded on the CD. This limited warranty extends for ninety (90) days from the date of acquisition. This limited warranty does not apply to any product that has been altered, damaged, abused, misapplied, or used other than in accordance with this license agreement and any instructions included on the product and the accompanying documentation. The Historical Society will, at its option, repair or replace the product provided that the defective product is returned to the Historical Society within 90 days from the date of acquisition. These are your sole remedies for any breach of warranty. The Historical Society disclaims all other warranties, either express or implied, with respect to the product and the accompanying written
materials, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Some of the materials included in the product have been provided by third parties, and the Historical Society specifically disclaims any warranty with respect to ownership of such materials.
4. LIMITATION OF LIABILITY. NEITHER THE UTAH STATE HISTORICAL SOCIETY NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. The Product is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (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 Utah State Historical Society, 300 Rio Grande, Salt Lake City, UT 84101-1182
6. MISCELLANEOUS. This License Agreement constitutes the entire agreement between you and the Utah State Historical Society pertaining to its subject matter. This License Agreement is governed by the laws of the State of Utah. Any litigation arising from this license will be pursued only in the state or federal courts located in the State of Utah.
