THIS IS A CONTRACT. BY INDICATING YOUR ACCEPTANCE BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. DEFINITIONS
1."Deneba" means Deneba Systems, Inc., a Florida Corporation d/b/a Deneba Software.
2."Software" means the software programs included in this package.
3."Fonts" means all font software included in this package.
4."Clip Art" means all art, templates, and photos included in this package.
5."Product" means all Software, Fonts, Clip Art, electronic manuals and other electronic documentation included in this package as well as all future related updates supplied by Deneba.
2. LICENSE -- Deneba grants to you and you hereby accept a non-exclusive time-limited license to use the Product for evaluation and trial purposes only under the following conditions:
1. The Software, Clip Art and Fonts may be installed in one computer and may be used by only one person in that computer. In no event shall two or more persons use the Software, Clip Art and Fonts at the same time.
2. You may make one copy of the Software, Clip Art and Fonts in machine-readable form for archival backup purposes only during the term of the evaluation period. As an express condition of this allowance you must reproduce on each backup copy any copyright notice or other proprietary notice that is on the original copy supplied by Deneba. At the end of the Evaluation period you further agree to destroy all materials supplied by Deneba and all backup copies.
3. You may use the Fonts on a single computer and printer. A printer includes any output device such as, but not limited to, dot matrix, ink jet or laser printers, film recorders and image-setters. When using an outside service bureau, one copy of the Fonts may accompany the document in which the Fonts have been used. You must remove this copy from the service bureau's storage media upon completion of the service.
4. You have the right to use, the Clip Art for evaluation purposes only.
3. RESTRICTIONS
1. You may not make or distribute copies of the Product. You should be aware that it is unlawful to copy, reproduce, or transmit any part of the Product in any form or by any means (including translation to another language, computer language, or format) except as permitted by the Copyright Act of the United States (Title 17, United States Code). You are permitted to write the contents of the Software into the machine memory of your computer so that the software can be executed.
2. You may not install this program on a network server nor lend usage of a copy of this software with metering software.
3. In order to protect Deneba trade secrets contained therein which may be revealed by such action, you may not reverse engineer, decompile, disassemble or otherwise reduce the Software or Fonts to any human readable or perceivable form.
4. You may not modify, rent, resell for profit, distribute or create derivative works based on the Software or any part thereof.
5. You may not resell or otherwise distribute the Clip Art contents, whether by themselves or as part of another collection, whether as computer images, printed images or any other medium. These restrictions apply to modifications of the Clip Art, whether or not they constitute derivative works under U.S. copyright laws, as well as to the original Clip Art.
6. You agree not to modify, adapt or create derivative works based on the Fonts. Unauthorized copying of the Fonts, even if modified, merged, or included with other software is expressly forbidden.
7. You agree not to export or reexport the Product into any country prohibited by the United States Export Administration Act.
4. TERMINATION -- Any failure to comply with the terms and conditions of this Agreement will result in automatic termination of this license. Upon termination of this license for any reason, you agree to destroy all copies of the Product.
5. COPYRIGHT -- The Product is owned by Deneba and its suppliers. The Product is also protected by United States Copyright Law and International Treaties. This Agreement does not grant you any intellectual property rights to the Product.
6. COOPERATION WITH DENEBA. During the term of the Evaluation period and this Agreement, you agree to provide feedback to Deneba regarding your use of the Product, including error or bug reports.
7. NO WARRANTY. You acknowledge that the Product is provided to you for evaluation purposes only. The Product may be a pre-release version, and may not represent a final product from Deneba, and may contain bugs, errors, omissions and other problems that could cause system failures. The Product is provided to you "AS IS", and Deneba disclaims any warranty or liability obligations to you of any kind. You also agree that any work done with the Product is done entirely at your own risk. DENEBA AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PRODUCT INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. U.S. GOVERNMENT RESTRICTED RIGHTS -- This Deneba Product is "Restricted Computer Software." 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 manufacturer is Deneba Systems, Inc., 7400 S.W. 87th Avenue, Miami, Florida 33173.
9. GENERAL -- This agreement shall be governed by the laws of the State of Florida. This document contains the entire agreement between you and Deneba with respect to the subject matter hereof and supersedes all prior agreements between you and Deneba. All questions concerning this agreement should be sent to: Deneba Systems, Inc., Attn. Chief Financial Officer, 7400 S.W. 87th Avenue, Miami, Florida 33173.
