IMPORTANT - YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THE LICENSE AGREEMENT TO DETERMINE WHETHER YOU AGREE TO BE BOUND BY ITS PROVISIONS.
THIS SOFTWARE PROGRAM (“SOFTWARE”) IS A PROPRIETARY PRODUCT OF NOW SOFTWARE, INC. (“NOW SOFTWARE”) AND ITS SUPPLIERS AND IS PROTECTED BY COPYRIGHT LAWS, TRADE SECRET LAWS AND INTERNATIONAL TREATY. USE OF THIS SOFTWARE IS GOVERNED BY THIS LICENSE AGREEMENT AND APPLICABLE LAW INCLUDING COPYRIGHT LAW.
THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN THE USER OF THIS SOFTWARE AND NOW SOFTWARE. INSTALLING THE SOFTWARE INDICATES THAT YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, PROMPTLY RETURN THE COMPLETE SOFTWARE PACKAGE TO NOW SOFTWARE, OR THE PLACE WHERE YOU OBTAINED IT, FOR A FULL REFUND.
1. Grant of License. Now Software grants you a non-exclusive license for the use of the Software as follows. You may either:
(a) install the Software on multiple computers (but not more than two computers on a network simultaneously), provided that those computers are used solely by you at all times; or
(b) install the Software on a single computer which may be used by different users from time to time but not simultaneously.
If the Software is to be used by more than one user under option (a) above or on more than one computer under option (b) above, you must purchase a number of copies (or a multi-user package representing multiple copies) of the Software equal to the number of users under option (a) or Computers under option (b).
2. Copy Restrictions. Ownership of the legal rights contained in the Software and the associated documentation shall remain solely with Now Software and its suppliers. These may include trade secret, trademark, copyright, patent, international treaty and other rights as applicable. You may not sublicense, rent, lease, decompile, disassemble, create derivative works or otherwise distribute the Software. You may make an archival copy of the Software. You may not copy the written materials accompanying the Software. You may permanently transfer the complete Software and accompanying materials by delivering the original Software media and materials to a third party who accepts the terms and conditions of this Agreement, and by simultaneously destroying all copies of the Software and accompanying materials in your possession. Such a transfer terminates your license to use the Software.
3. Export Control. The Software may be subject to United States export control. You agree to fully comply with all applicable United States export regulations.
4. U.S. Government Restricted Rights. If you are purchasing the Software on behalf of the United States Government or any unit or agency thereof, you acknowledge that the Software and accompanying materials were developed at private expense and that no part is in the public domain and that the Software 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. Contractor/manufacturer is Now Software, Inc., 921 S.W. Washington Street, 5th Floor, Portland, Oregon 97205.
LIMITED WARRANTY
5. Limited Warranty. Now Software warrants that the media on which the Software is recorded will be free of defects in materials and workmanship under normal use for 90 days after the date of original purchase. If a defect occurs during the 90-day period, you may return the disk(s) to Now Software for free replacement. Now Software will replace the disk(s) provided that you have previously returned the product registration card accompanying the Software to Now Software. Now Software does not warranty that the Software will meet your requirements, that the operation of the Software will be uninterrupted or error-free.
6. Disclaimer of Warranties. THERE ARE NO OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE OR ACCOMPANYING MATERIALS. NOW SOFTWARE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING FROM TRADE USAGE OR COURSE OF DEALING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NOW SOFTWARE, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.
7. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY IN CERTAIN STATES/JURISDICTIONS. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW OR NINETY (90) DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY STATE/JURISDICTION.
8. IN NO EVENT WILL NOW SOFTWARE BE LIABLE TO YOU FOR DAMAGES, WHETHER BASED ON CONTRACT, TORT, WARRANTY OR OTHER LEGAL OR EQUITABLE GROUNDS, INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE, EVEN IF NOW SOFTWARE, OR AN AUTHORIZED REPRESENTATIVE OF NOW SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Now Software’s entire liability and your exclusive remedy shall be at Now Software’s option to either return the price paid for the Software, or repair or replace the Software that does not meet Now Software’s Limited Warranty and which is returned to Now Software provided that you have previously returned the product registration card or provide a copy of your purchase receipt. This limited warranty does not apply if the failure of the Software has resulted from accident, abuse or misapplication. In no event shall Now Software’s liability exceed the purchase price of the Software. Some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, therefore, the above limitations may not apply to you.
9. This Agreement is governed by the laws of the State of Oregon. Should you have any questions regarding this Agreement, or wish to contact Now Software, Incorporated for any reason, please write: Now Software, Incorporated, 921 S.W. Washington Street, Suite 500, Portland, Oregon 97205.
