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BEFORE YOU OPEN THE PACKAGE CONTAINING THE MEDIA, OR BEFORE DOWNLOADING THE
SOFTWARE, YOU SHOULD CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LICENSE. BY
OPENING THE PACKAGE OR BY DOWNLOADING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND
BY AND ARE BECOMING A PARTY TO THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF
THIS LICENSE DO NOT OPEN THIS PACKAGE AND PROMPTLY RETURN IT TO YOUR PLACE OF
PURCHASE WITHIN THIRTY (30) DAYS FOR A FULL REFUND OR DO NOT DOWNLOAD AND INSTALL
THE SOFTWARE.
LICENSE TERM AND CHARGES. The term of this License commences upon delivery of the
Software to you OR upon the downloading by you of the Software and is perpetual
unless terminated upon default or as otherwise set forth herein. This License is
personal to you and may not be transferred without the prior consent of THE
DISTRIBUTOR. You may physically move the Software from one computer to another
provided that the Software is used only on one computer at a time and does not
leave the country to which the License was originally granted. You shall keep THE
DISTRIBUTOR informed of any changes in the location of the Software. A password(s)
or registration number which enables the Software may be included in this package,
and may be time limited, subject to payment.
MISSLER SOFTWARE and/or THE DISTRIBUTOR hereby expressly reserves the right to
audit or request to a third party to audit usage of the Software at your premises,
after providing prior notice to you, during normal business hours and to take all
other necessary steps to review your compliance with the terms of this License so
long as such are reasonable. If unauthorized use is found, you agree to
immediately terminate such usage upon receipt of written notification, or to take
all such other reasonable actions that MISSLER SOFTWARE and/or THE DISTRIBUTOR may
require, including to promptly purchase additional Software such that the total of
all purchased Licenses reflects the actual number of Licenses in use.
TITLE. Title, and ownership right, and intellectual property rights in and to the
Software and Documentation shall remain in MISSLER SOFTWARE and/or its suppliers.
The Software is for your internal use only. The License granted hereunder does not
include the right to sub-License and may not be assigned, by operation of law or
otherwise, or transferred without the prior written consent of MISSLER SOFTWARE.
You may not loan, rent, or lease the Software. You acknowledge that the Software in
source code form remains a confidential trade secret of MISSLER SOFTWARE and/or its
suppliers and therefore you agree not to attempt to decipher, decompile, reverse
engineer, create derivative works of, or develop source code for the Software or
knowingly allow others to do so. You also agree not to alter the registration
number or create passwords which enable the Software, or to knowingly allow others
to do so.
UPDATES. This License does not grant you any right, license, or interest in and to
any modifications, enhancements, or updates to the Software and documentation.
Updates, if available, may be obtained by you at current standard pricing, terms,
and conditions. If the media inside the package or to be downloaded is an update,
then the Documentation provided may be limited in scope and a new password(s) or
registration number may be required or supplied by MISSLER SOFTWARE and/or THE
DISTRIBUTOR.
LIMITED WARRANTY. MISSLER SOFTWARE does not warrant that your use of the Software
shall be uninterrupted or that the operation of the Software shall be error free.
However, MISSLER SOFTWARE warrants that for a period of thirty (30) days from the
date you purchased a License to it, the Software, is free from defects. MISSLER
SOFTWARE's sole and exclusive obligation (and liability for any breach of this
warranty) shall be, in MISSLER SOFTWARE's sole discretion: (i) to replace your
defective Software; (ii) to repair or correct the defective Software so that it
shall conform to the above warranty; or (iii) to refund the purchase price paid by
you for the License to the defective Software. Repaired, corrected, or replaced
Software and Documentation shall be covered by this limited warranty for the period
remaining under the warranty that covered the original Software. Only if you inform
THE DISTRIBUTOR of your problem with the Sofware during the applicable warranty
period shall MISSLER SOFTWARE be obliged to honor this warranty. You must contact
THE DISTRIBUTOR by phone or by letter of the problem. THIS IS A LIMITED WARRANTY
AND IT IS THE ONLY WARRANTY MADE BY MISSLER SOFTWARE. MISSLER SOFTWARE MAKES NO
OTHER EXPRESS OR IMPLIED WARRANTY AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO MISSLER SOFTWARE DEALER,
AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR
ADDITIONS TO THIS WARRANTY If any modifications are made to the Software by you
during the warranty period; if the Software is subjected to accident, abuse, or
improper use; or if you violate the terms of this License, then this warranty shall
immediately be terminated. This warranty shall not apply if the Software is used on
or in conjunction with hardware or programs other than the unmodified version of
hardware and programs with which the Software was designed to be used as described
in the Documentation.
USE RESTRICTIONS. The Software and Documentation shall be used exclusively by you.
and your qualified employees and consultants. An employee or consultant is
qualified only if she/he has executed an agreement or is otherwise bound to abide
by the restrictions imposed upon you herein under "Title" and "Restricted Use".
MISSLER SOFTWARE hereby consents to your making two (2) backup or archival copies
of the Software. All such copies shall be subject to this License and shall contain
all of MISSLER SOFTWARE�s notices regarding copyrights, trademarks, other
proprietary rights, and restrictions on users of disabled copies that are contained
in the Software MISSLER SOFTWARE originally provided to you. All other reproduction
is prohibited. You may not modify or make derivative works or compilations of the
Software. Unauthorized copying of this Software, or of the written materials
included with this Software, is expressly forbidden. You may be held legally liable
for any copyright in violation.
SECURITY MECHANISMS. Missler Software and its affiliated companies take all legal
steps to eliminate piracy of their software products. In this context, the Software
may include a security mechanism that can detect the installation or use of illegal
copies of the Software, and collect and transmit data about those illegal copies.
Data collected will not include any customer data created with the Software. By
using the Software, you consent to such detection and collection of data, as well
as its transmission and use if an illegal copy is detected. Missler Software also
reserves the right to use a hardware lock device, license administration software,
and/or a license authorization key to control access to the Software.
You may not take any steps to avoid or defeat the purpose of any such measures. Use
of any Software without any required lock device or authorization key provided by
Missler Software is prohibited.
MINIMUM HARDWARE CONFIGURATION The Software�s upgrades may require that you change
your hardware configuration in order to be able to use the upgraded Software.
LIMITATION OF LIABILITY. Your sole and exclusive remedies for any damage or loss in
any way connected with the Software, whether by MISSLER SOFTWARE's breach of any
expressed or implied warranty, negligence, or any breach of any other duty, shall
be, at MISSLER SOFTWARE's option, repair or replacement of the Software or return
for credit or refund of the price paid by you for a License to such Software or
Documentation.
IN NO EVENT SHALL MISSLER SOFTWARE BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA,
OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER
CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE EVEN IF MISSLER SOFTWARE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE
ABOVE-STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF DIRECT OR INDIRECT DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE THAT THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF
NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS, OR AIR TRAFFIC
CONTROL MACHINES IN WHICH CASE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH,
PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
MISSLER SOFTWARE's third party program suppliers make no warranty, and have no
liability whatsoever, to you.
MISSLER SOFTWARE shall under no circumstances have any liability for any claim for
patent, copyright or trade secret infringement, or any other infringement of
proprietary rights of MISSLER SOFTWARE'S lack of right, title or interest in the
Software caused by your: (a) combined use of the Software with non-MISSLER SOFTWARE
programs, products or data if such claim would have been avoided by the exclusive
use of the Software; (b) modification of the Software by anyone other than MISSLER
SOFTWARE if such claim would have been avoided by the use of the unmodified
Software; or (c) use of other than the most current release of the Software by
MISSLER SOFTWARE if such claim would have been avoided by the use of such release
as long as MISSLER SOFTWARE has made the most current release available to you.
TERMINATION. MISSLER SOFTWARE and/or THE DISTRIBUTOR may terminate this License
immediately in the event of breach of the terms of this License which is not cured
within fifteen (15) days of notice to you. Upon termination of this License, you
shall immediately discontinue the use of the Software and shall within ten (10)
days return to MISSLER SOFTWARE all copies of the Software and Documentation. Your
obligations to pay accrued charges and fees shall survive any termination of this
License.
MISCELLANEOUS. This License represents the complete and exclusive statement of the
understanding concerning this License between the parties and supersedes all prior
agreements and representations between them. It may be amended only by a writing
executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU FOR
THE SOFTWARE AND/OR DOCUMENTATION IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO
THE TERMS AND CONDITIONS SET FORTH HEREIN, AND THE DISTRIBUTOR AGREES TO FURNISH
THE SOFTWARE AND DOCUMENTATION ONLY UPON THESE TERMS AND CONDITIONS AND NOT THOSE
CONTAINED IN YOUR PURCHASE ORDER. If any provision of this License is held to be
ineffective, unenforceable, or illegal under certain circumstances for any reason,
such decision shall not affect the validity or enforceability (i) of such provision
under other circumstances or (ii) of the remaining provisions hereof under all
circumstances and such provision shall be reformed to and only to the extent
necessary to make it effective, enforceable, and legal under such circumstances.
All headings are solely for convenience and shall not be considered in interpreting
this License. THIS LICENSE SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF
FRANCE. THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE
INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED. FRENCH COURTS SHALL HAVE THE
SOLE JURIDICTION FOR ANY DISPUTE RELATED TO THIS LICENSE.