PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE COMPUTER PROGRAMS CONTAINED ON THIS DISKETTE (COLLECTIVELY, THE "SOFTWARE") AND THE ACCOMPANYING USER DOCUMENTATION (THE "USER'S MANUAL", TOGETHER WITH THE SOFTWARE, THE "SOFTWARE PROGRAM"). BY LOADING THE SOFTWARE ONTO YOUR COMPUTER, YOU INDICATE THAT YOU HEREBY ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY RETURN THE SOFTWARE PROGRAM, WITH ITS ORIGINAL PACKAGING, WITH PROOF OF PURCHASE FOR A FULL REFUND.
1. License Grant. In consideration of payment of the license fee, which is a portion of the purchase price you paid for the Software Program, MEGASYSTEMS, LTD. (hereinafter referred to as "Licensor") hereby grants to you, and you hereby accept, a nonexclusive and personal license to use the Software Program, only as authorized in this License Agreement. The Software Program, including all data or images incorporated in or generated by the Software Program, is licensed (not sold) to you. By the license granted hereunder, you understand and acknowledge that Licensor does not transfer to you title to or any of Licensor's right in the Software Program, and under no circumstances shall this License Agreement be considered a "sale" of the Software Program or of any portion thereof. Licensor retains full and complete right and title to the Software Program and all intellectual and industrial property rights therein, subject only to a limited right of use granted to you hereunder, which right of use may be revoked in accordance with the terms of this License Agreement.
This License Agreement permits the Software to be installed and used only on a single computer owned, leased, or otherwise controlled by you, or in the event of the inoperability of that computer, on a backup computer selected by you. Neither the concurrent use on two or more computers nor the use in a local area network or other network of the Software is permitted without separate authorization and the payment of additional license fees. Upon loading the Software into your computer, you may retain the Software diskettes for backup purposes. In addition, you may make one copy of the Software on a second set of diskettes (or on cassette tape) for the purpose of backup in the event the original Software diskettes are damaged or destroyed. You may also make one copy of the User's Manual for backup purposes. Any such copies of the Software or the User's Manual shall include Licensor's copyright and other proprietary notices. Except as authorized under this paragraph, no copies of the Software Program or any portions thereof may be made by you or any person under your authority or control.
2. Restrictions. You acknowledge and agree that the Software Program contains copyrighted material, trademarks, trade secrets and other proprietary material of Licensor protected under applicable intellectual property laws. You agree that, except as provided for in this License Agreement, you will not copy, modify, network, rent, lease or otherwise distribute the Software; or make the Software available by "bulletin boards," on-line services, remote dial-in, or network or telecommunications link of any kind, or create derivative works or any other works that are based upon or derived, in whole or in part, from the Software or the User's Manual. You agree that you will not assign, sublicense, transfer, pledge, or otherwise share your rights under this License Agreement. You agree further that you may not re-sell, decompile, reverse engineer, disassemble, translate or otherwise reduce the Software to a human-perceivable form.
3. Term. This License Agreement is effective upon your acceptance of its terms (as indicated by your loading the Software onto your computer) and shall continue until terminated by either party. You may terminate this License Agreement at any time by returning the Software Program and all copies thereof and extracts therefrom to Licensor or by destroying the Software Program and all copies and installations thereof. Licensor may terminate this License Agreement immediately, without notice, if you fail to comply with any provisions of this License Agreement. Upon such termination by Licensor, you agree that you will destroy or return the Software Program and all copies and portions thereof in accordance with Licensor's instructions.
4. Limited Warranty and Disclaimer. LICENSOR WARRANTS THE DISKETTES ON WHICH THE SOFTWARE IS RECORDED TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF PURCHASE AS EVIDENCED BY A COPY OF THE SALE RECEIPT OR PACKING SLIP. LICENSOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE REPLACEMENT OF THE DEFECTIVE DISKETTES OR REFUND OF THE PURCHASE PRICE (AT LICENSOR'S ELECTION) UPON RETURN OF THE SOFTWARE PROGRAM TO LICENSOR WITH A COPY OF YOUR PROOF OF PURCHASE. LICENSOR WILL HAVE NO RESPONSIBILITY TO REPLACE A DISKETTE DAMAGED BY ACCIDENT, ABUSE OR MISAPPLICATION. ANY IMPLIED WARRANTIES AND/OR CONDITIONS ON THE DISKETTES, INCLUDING THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF PURCHASE OR DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE AND THE USER'S MANUAL ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES AND/OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE AND THE USER'S MANUAL, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, LICENSOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULT OF THE USE OF THE SOFTWARE AND RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE LIMITATIONS OF LIABILITIES DESCRIBED IN THIS SECTION ALSO APPLY TO THE THIRD PARTY SUPPLIERS OF MATERIALS USED IN THE SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE BY LICENSOR OR A LICENSOR AUTHORIZED REPRESENTATIVE SHALL CREATE WARRANTIES AND/OR CONDITIONS OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. YOU (AND NOT LICENSOR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
5. Limitation of Liability. In no event shall Licensor's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or causes of actions (whether in contract, tort (including negligence) or otherwise) arising out of or relating to the use of, or the inability to use, the Software Program exceed the amount paid by you for the Software Program. Under no circumstances, including negligence, shall Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Licensor or Licensor's representative has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
6. Trademark. The names "MEGASYSTEMS", "GLASKLAR EDITION" and associated marks are registered trademarks of Licensor. No right, license, or interest to such trademarks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademarks.
7. Governing Law and Miscellaneous Provisions. This License Agreement shall be construed and governed in a
