PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE. BY USING THIS SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE
The enclosed computer program ("Software") is licensed, not sold to you by Plaid World Software ("Plaid World") for use only under the terms of this License, Plaid World reserves any rights not expressly granted to you. You own the media on which the Software is recorded or fixed, but Plaid World and its licensors retain ownership of the Software itself.
1. LICENSE.
This License allows you to:
(a) Use one copy of the Software on a single computer at a time.
To"use" means that the Software is either loaded in to temporary memory (i.e.RAM) or on the permanent memory of a computer (i.e. hard disk, etc.). You may install the Software on a common storage device which accessible by multiple computers, provided that if more computers have access to the common storage device than the number of licensed copies of the Software, you must have some software mechanism which locks out any concurrent users in excess of the number of licensed copies of the Software (an additional license is not needed for the one copy of Software installed on the common storage device accessed by multiple computers, only for concurrent usage).
(b) Make one copy of the Software in machine readable form solely for back up purposes. Additionally, only so long as the Software is installed only on the permanent memory of a single desktop computer which is not accessible by multiple computers and that single desktop computer is used by one user at least 80% of the time the computer is in use, that same user may also make a copy of the Software to use on a portable or home computer which is primarily used by such user.
(c) Permanently transfer all your rights under this License to anotherparty by providing to such party all copies of the Software licensed underthis License together with a copy of this License and the accompanying written materials, provided that the other party reads and agrees to acceptthe terms and
conditions of this License.
(d) Not withstanding any other terms in this license, if the Software is licensed as an upgrade or update, then you may only use the Software to replace previously validly licensed versions of the same software. You agree that the upgrade or update does not constitute the granting of a second license to the
Software (i.e. you may not use the upgrade or update in addition to the software it is replacing, nor may you transfer the software which is being replaced to a third party).
2. RESTRICTIONS.
The Software contains trade secrets in its human perceivable form and, to protect them, you may not REVERSE ENGINEER, DECOMPILE,DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THERE OF.
3. TERMINATION.
This License is effective until terminated. This License will terminate immediately without notice from Plaid World or judicial resolution if you fail to comply with any provisions of this License. Upon such termination you must destroy the Software, all accompanying written materials and all copies there of, and Sections 5 , 6 , and 7 will survive any termination.
4. EXPORT LAW ASSURANCES.
You agree that neither the Software nor any direct product there of is being or will be shipped,transferred, or re-exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations there under or will be used for any purpose prohibited by the Act.
5. LIMITED WARRANTY.
Plaid World warrants for a period of ninety days(90) from your date of purchase that (I) the media on which the Software is recorded will be free from defects in the materials and workmanship under normal use, and (ii) the Software as provided by Plaid World will substantially conform to Plaid WorldΓÇÖs published specifications for the Software. Plaid WorldΓÇÖs entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at Plaid WorldΓÇÖs option, replacement of the media, refund of the purchase price or replacement of the Software.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY PLAID WORLD AND PLAID WORLD AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE MAY NOT APPLY TO YOU.
6. LIMITATION OF REMEDIES AND DAMAGES.
In no event will Plaid World, or any of its licensors, directors, officers, employees or affiliates of any of the foregoing be liable to you for any consequential, incidental, indirect or special damages whatever (including, without limitation, damages for the loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use or inability to use the Software or accompanying written materials, regardless of the basis of the claim and even if Plaid World or a Plaid World representative has been advised of the possibility of such damage. Plaid WorldΓÇÖs liability to youfor direct damages for any cause what so ever, and regardless of the form of action, will be limited to the greater of $500 or the money paid for the Software that caused the damages.
THIS LIMITATION WILL NOT APPLY IN THE CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION FOR CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
7. GENERAL.
This License will be construed under the laws of the State of California, except for the body of the law dealing with conflicts of law. If any provision of this lIcense shall be held by acourt of competent jurisdiction to be contrary to the law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect.
DEATH FROM ABOVE Copyright (C) 1995 by PLAID WORLD SOFTWARE
DEATH FROM ABOVE is a trademark of PLAID WORLD SOFTWARE.
