Labels:text | book | black and white OCR: LICENSE AGREEMENT AND LIMITED WARRANTY BY OPENING THIS SEALED DISK PACKAGE YOU WILL INDICATE YOUR ACCEPTANCE OF THE TERMS OF THIS LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND THE SOFTWARE TOOLWORKS, INC. ("TOOLWORKS"). THE SOFTWARE IS PROVIDED AS PART OF A HARDWARE BUNDLE (OEM VERSION) AND MAY ONLY BE DISTRIBUTED AND USED AS A PART OF THE HARDWARE BUNDLE. THE SOFTWARE AND ACCOMPANYING ITEMS ARE PROVIDED TO YOU ONLY UPON THE CONDITION THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND DO NOT WANT YOUR ACT OF OPENING THIS SEALED PACKAGE TO INDICATE YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THIS UNOPENED DISK PACKAGE TOGETHER WITH ALL ACCOMPANYING ITEMS ("PROGRAM PACKAGE") AND THE HARDWARE INCLUDED WITH THE PROGRAM PACKAGE ("HARDWARE") TO YOUR DEALER FOR A FULL REFUND. TECHNICAL SUPPORT: If you have problems with the software program(s) ("Program"), or if you have any questions concerning this Agreement, contact Toolworks' Technical Support Department at 60 Leveroni Court, Novato, CA 94949, or call (415) 883-5157 LIMITED USE LICENSE. Toolworks and its suppliers grant you the right to use one copy of the Program for your personal use with the accompanying Hardware only. The Program is owned by Toolworks or its suppliers, if any, as set forth in the Program or associated documentation and is protected by the United States Copyright Laws and international treaties. All rights not expressly granted are reserved by Toolworks or its suppliers. This Agreement is governed by the laws of the State of California. YOU MAY: If applicable, either (a) make one copy of the Program solely for backup or archival purposes provided that you reproduce all information (including copyright notices) which appeared on the original disk(s), or (b) transfer the Program to a single hard disk, provided that you keep the original disk(s) solely for backup or archival purposes. Transfer the complete Program Package on a permanent basis, provided that you retain no copies and the recipient agrees in writing to the terms of this agreement. If you transfer the Program Package, you must at the same time transfer the Hardware to the same party. YOU MAY NOT: . Use the Program on more than one computer, computer terminal or workstation at the same time. Make copies of the materials accompanying the Program, or make copies of the Program except as provided above. . . Use the Program in a network or other multi-user arrangement or on an electronic bulletin board system or other remote access arrangement. Rent, lease, license or otherwise transfer the Program without the express written consent of Toolworks, except that you may transfer the complete Program Package on a permanent basis as provided above. Reverse engineer, decompile, disassemble, or create derivative works of the Program. LIMITED WARRANTY. Toolworks warrants, to the original buyer only, that the media upon which the Program is recorded shall be free from defects in materials and workmanship under normal use and service for a period of thirty (30) days from the date of purchase. Any implied warranties on any Program is limited to thirty (30) days. Some states do not allow limitations on the duration of an implied warranty, so the above limitations may not apply to you. EXCLUSIVE REMEDY. Toolworks' entire liability and your exclusive remedy shall be, at Toolworks' option, either (a) the repair or replacement of the Program that does not meet Toolworks' Limited Warranty and which is returned with a copy of your receipt, or (b) a refund of the price, if any, which you paid for the Program and associated materials as substantiated with proof of purchase. TO MAKE A WARRANTY CLAIM, PLEASE RETURN THE PROGRAM PACKAGE TOGETHER WITH YOUR PROOF OF PURCHASE TO YOUR DEALER OR MEDIA DEPOT DURING THE WARRANTY PERIOD. This Limited Warranty is void if the failure of the media upon which the Program is recorded has resulted from accident , abuse, or misapplication. Any replacement Program will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. NO OTHER WARRANTIES. WITH RESPECT TO THE PROGRAM, PROGRAM MEDIA AND THE ACCOMPANYING WRITTEN MATERIALS, MEDIA DEPOT, TOOLWORKS AND ITS SUPPLIERS, IF ANY, DISCLAIM ALL WARRANTIES, OTHER THAN THE ABOVE WARRANTY BY TOOLWORKS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TOOLWORKS DOES NOT WARRANT THAT THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, YOU MAY HAVE OTHERS, WHICH VARY FROM STATE TO STATE. 55 LIMITATIONS ON DAMAGES. IN NO EVENT SHALL MEDIA DEPOT, TOOLWORKS OR ITS SUPPLIERS, IF ANY, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATIONS, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM OR PROGRAM PACKAGE, EVEN IF MEDIA DEPOT, TOOLWORKS OR ITS SUPPLIERS, IF ANY, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TOOLWORKS' LIABILITY OR THAT OF MEDIA DEPOT OR ITS SUPPLIERS FOR ANY REASON EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THE SPECIFIC PROGRAM. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY NOT APPLY TO YOU. U.S. Government Restricted Rights. The Program and documentation are 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. The Contractor/Manufacturer is The Software Toolworks, Inc ., 60 Leveroni Court, Novato, California 94949
