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This software license agreement, including the Warranty and Special Provisions
on the following pages of this file, is a legal agreement between you (either an
individual or an entity) and the Distributor for the USA, Canada and Mexico of
this software product as Contractor.
1. GRANT OF LICENSE.
This License Agreement permits you to use one copy of the SOFTWARE
program(s) included in this package (the "SOFTWARE") on a single computer in
the country where you aquired the SOFTWARE. The SOFTWARE is in "use" on
a computer when it is loaded into temporary memory (i.e., RAM) or installed into
permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that
computer.
2. COPYRIGHT.
The SOFTWARE (including any images, Logos, photographs, animations, video,
audio, music and text incorporated into the SOFTWARE) is owned by the owner
of license or its suppliers and is protected by United States and European-
Community copyright laws and international treaty provisions and all other
applicable international laws. Therefore, you must treat the SOFTWARE like any
other copyrighted material (e.g., a book or musical recording) except that if the
SOFTWARE is not copy protected you may either (a) make one copy of the
SOFTWARE solely for backup or archival purposes, or (b) transfer the
SOFTWARE to a single hard disk provided you keep the original solely for backup
or archival purposes. You may not copy the user documentation accompanying the
SOFTWARE.
3. SOFTWARE MEDIA.
You may receive the SOFTWARE in disk media or on a CD-ROM or installed
on the hard disk drive or ROM of your computer, or in multiple forms of media.
Regardless of the number or type(s) of media you receive, you may use only the
media appropriate for your single computer. You may not use the other media on
another computer or loan, rent, lease, or transfer them to another user except as
part of the permanent transfer (as provided below) of all SOFTWARE and user
documentation.
4. OTHER RESTRICTIONS.
You may not rent or Iease the SOFTWARE.
You may not make any telecommunication transmission of the SOFTWARE.
You may transfer the SOFTWARE and the user documentation on a permanent
basis, provided you retain no copies, only by a previously written permission
of the distributor or seller and under the terms of this Agreement, and the
recipient
agrees by letter to the terms of this Agreement. If the SOFTWARE is an update or
has been updated, any transfer must include the most recent update and all prior
versions. You may not reverse-engineer, decompile, or disassemble the
SOFTWARE, unless otherwise provided in the Warranty and Special Provisions
for your country.
6. EXPORT CONTROLS.
None of the SOFTWARE or underlying information or technology may be transferred
by any kind of telecommunication or otherwise exported or reexported (a) into (or
to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran,
Syria or
any other country to which the U.S. has embargoed goods; or (b) to anyone on the
U.S. Treasury Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Denial Orders.
In addition the following applies: EXCEPT FOR EXPORT TO CANADA FOR USE
IN CANADA BY CANADIAN CITIZENS, THE SOFTWARE AND ANY UNDERLYING
TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES OR
TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS DEFINED BY U.S.
GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION, ANYONE
WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF
THE UNITED STATES. BY USING THE SOFTWARE, YOU ARE AGREEING TO
THE FOREGOING AND YOU ARE WARRANTING THAT YOU ARE NOT A
"FOREIGN PERSON" OR UNDER THE CONTROL OF A FOREIGN PERSON.
7. High-Risk-Activities.
The SOFTWARE is not fault-tolerant and is not designed, manufactured or intended
for use or resale as control equipment in hazardous environments requiring fail-
safe
performance, such as in the operation of nuclear facilities, aircraft navigation or
8. Miscellaneous.
If the copy of the SOFTWARE you received was accompanied by a printed or other
form of "hard-copy" End User License Agreement whose terms vary from this
Agreement, then the hard-copy End User License Agreement governs your use of
the SOFTWARE. This Agreement represents the complete agreement concerning
this license and may amended only by a writing executed by both parties.
THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY
MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN,
AND NOT THOSE IN YOUR PURCHASE ORDER.
If any provision of this Agreement is held to be unenforceable, such provision
shall
be reformed only to the extent necessary to make it enforceable.
9. Termination.
The license will terminate automatically if you fail to comply with the limitations
described herein. On termination, you must destroy all copies of the SOFTWARE and
Documentation.
Please see the following Warranty and Special Provisions for information concerning
governing law.
Product support for the SOFTWARE is not provided by the manufacturer. Should you
have any questions concerning this Agreement, please refer to the address provided
in the documentation for this SOFTWARE.
1. Limited Warranty.
The U.S.-Distributor warrants that for a period of ninety (90) days from the date
of
acquisition, the SOFTWARE, if operated as directed, will substantially achieve the
functionality described in the Documentation. The U.S.-Distributor does not
warrant,
however, that your use of the SOFTWARE will be uninterrupted or that the operation
of the SOFTWARE will be error-free or secure.
You must determine that the SOFTWARE sufficiently meets your requirements. The
U.S.-Distributor also warrants that the media containing the SOFTWARE, if provided
by the U.S.-Distributor and Importer, is free from defects in material and
workmanship
and will so remain for ninety (90) days from the date you acquired the SOFTWARE.
The U.S.-Distributor and Importer's sole liability for any breach of this warranty
shall
be, in the U.S.-Distributor and Importer's sole discretion:
2. Customer Remedies.
This Limited Warranty is void if failure of the SOFTWARE has resulted from
accident,
abuse, or misapplication. Any replacement SOFTWARE will be warranted for the
remainder of the original warranty period or thirty (30) days, which ever is
longer.
4. Special provisions.
This Agreement shall be governed by California law (except for conflict of law
provisions).
The application of the United Nations Convention of Contracts for the International
Sale of
Goods is expressly excluded.
The limited warranty and the exclusion of liability for consequential damages does
not
depend on your acceptance of this software license agreement.
Product support for the SOFTWARE and Updates are provided by distributor or its
subsidiaries at their free discretion.
Distributor and Contractor cited within this warranty is named on progam disk's
label
and / or software package label.