This is a legal agreement between you, the end user, and Farallon Computing, Inc. (“Farallon”). The enclosed Replica™ software program (the “Software”) is licensed by Farallon to the original customer and any subsequent transferee of the Software for use only on the terms described in this License Agreement (this “License”). Clicking the “Accept” box prior to installing this Software, or otherwise using the Software, indicates that you accept and agree to comply with these terms. If you do not agree to these terms, please return the Software, all copies of activation serial numbers along with the full product and proof of purchase to your dealer within 30 days for a full refund.
• GRANT OF LICENSE. Farallon grants to you a nonexclusive, personal license to use the Software as provided in this License. Except as otherwise expressly provided in this License, you may use the Software only on a single computer owned, leased or otherwise controlled by you. This means that you may not use the Software, and the Software may not reside, on more than one computer at any one time.
• LIMITED REPLICA DISTRIBUTION RIGHTS. You have a royalty-free right to noncommercially distribute the Software, in its entirety, but without the serial number(s) supplied to you, provided that you reproduce all copyright and other proprietary notices on the original copy of the Software provided to you. (The Software is not “shareware”. The persons to whom you give the Software will be able to create only 5 Replica documents. They will then be given the opportunity to purchase the Software.) You also have the right to noncommercially distribute the Replica Viewer™ in object code form only for the sole purpose of enabling viewing of your media or documents created by you with the Replica Creator™. You may not under any circumstances commercially distribute the Software or any portion of it without express written permission from Farallon. Please contact Farallon for a Replica Viewer Commercial Distribution License.
• REPLICA FONT EMBEDDING. You may use Replica™ to embed TrueType fonts in your Replica documents by selecting either “Optimal Fonts” or “All Fonts” in the “Options” dialog prior to creating your Replica document. While most TrueType font manufacturers allow embedding of their fonts, some do not. Please consult the “Read Me” file which came with the Software for information on which fonts may be legally embedded. If the font you wish to embed is not manufactured by one of the companies that allows font embedding, please contact the font manufacturer for further information prior to creating a Replica document using embedded fonts.
• MULTIPACK LICENSES. If the Software has been delivered with more than one serial number, you have the right to use the Software on as many computers as you have been given serial numbers, provided that any copies made for this purpose shall contain all copyright and other proprietary notices that are on the original copy of the Software provided to you. You may make backup or archival copies for each computer as provided elsewhere in this License.
• COPYRIGHT. The Software is owned by Farallon and is protected by United States copyright laws and international treaty provisions. You may either (a) make two copies of the Software solely for backup or archival purposes, provided that you reproduce all copyright and other proprietary notices that are on the original copy of the Software provided to you, 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 written materials accompanying the Software (called the “Documentation”).
• OTHER RESTRICTIONS. You may not rent or lease the Software, but you may permanently transfer the Software and Documentation provided you retain no copies and the recipient agrees to the terms of this Agreement. You may not modify, reverse engineer, decompile, disassemble, or create derivative works from the Software or Documentation.
• TERM. This License is effective until terminated. You may terminate the license at any time by returning the Software and all Documentation to Farallon and by removing the Software from the memory of the computer into which the Software has been transferred. This License may be terminated by Farallon immediately and without notice in the event that you fail to comply with any term or condition hereof. Upon any termination, you will return to Farallon, at your expense, the Software and Documentation and any copies whether or not the copying was authorized.
• GOVERNMENT LICENSEE. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in the Rights in Technical Data and Computer Software clause at DFARS 52.227-7013. Farallon Computing, Inc. 2470 Mariner Square Loop, Alameda, California 94501.
• EXPORT LAW ASSURANCES. You agree that neither the Software nor any direct product thereof is being or will be acquired, shipped, transferred, or reexported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder or will be used for any purpose prohibited by the same.
• SEVERABILITY. If for any reason, any provision or partial provision of this License is held invalid, such invalidity shall not affect the remainder of such provision or this License, and this License shall, to the full extent consistent with law, continue in full force and effect.
• THIRD PARTY BENEFICIARIES. If any portion of the Software has been licensed to Farallon by a third party for redistribution, Licensee is hereby notified that such third party is an intended third party beneficiary of this License with full rights of enforcement.
• DUAL MEDIA SOFTWARE. If the Software package contains both 3-1/2” and 5-1/4” disks, then you may use only the disks appropriate for your single-user computer. You may not use the other disks on another computer or loan, rent, lease, or transfer them to another user except as part of the permanent transfer (as provided above) of all Software and Documentation.
• GENERAL. The validity and performance of this License shall be governed by California law, except for that body of law dealing with conflict of laws and except as to copyrights, which are governed by United States laws and international treaties. This License constitutes the entire agreement between the parties concerning the subject matter hereof. Any waiver or amendment of any provision of this License shall be effective only if in writing and signed by you and an officer of Farallon. No distributor, dealer, or employee (other than an officer) of Farallon is authorized to change or amend any terms of this License. In the event of any conflict between the terms of this License and the terms of any license bound into any manual packaged with the Software, this License shall govern.
Limited Warranty
Farallon warrants that for ninety (90) days following delivery of the Software to you, as shown by a copy of your receipt: (1) the Software, unless modified by you, will perform substantially the functions described in the Documentation provided by Farallon; and (2) the media on which the Software is furnished will be free from defects in materials and workmanship under normal use.
Farallon does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or error-free. Farallon is not responsible for any problem, including any problem which would otherwise be a breach of warranty, caused by (i) changes in the operating characteristics of computer hardware or computer operating systems which are made after the release of the Software, (ii) interaction of the Software with non-Farallon software or (iii) accident, abuse, or misapplication.
THE ABOVE WARRANTIES ARE EXCLUSIVE AND NO OTHER WARRANTIES ARE MADE BY FARALLON OR ITS LICENSORS, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
SOME LOCALITIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM LOCALITY TO LOCALITY.
Limitation of Remedies
Farallon’s entire liability and your sole remedy under the warranty during the ninety (90) day warranty period is that Farallon shall, at its sole and exclusive option, either replace the Software with a functionally equivalent program at no charge to you or refund the license fee of the Software. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. These are your sole and exclusive remedies for any breach of warranty during this ninety (90) day period.
In order to make a claim under this warranty you must return the defective item with your receipt within ten (10) days following the end of the warranty period. Farallon will have no responsibility to replace or refund the license fee of Software damaged by accident, abuse, or misapplication.
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL FARALLON OR ITS LICENSORS, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS OF ANY OF THEM BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED WITH IT EVEN IF FARALLON OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME LOCALITIES 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.
IN NO CASE SHALL FARALLON’S OR ITS LICENSOR’S LIABILITY UNDER THIS LICENSE EXCEED THE LICENSE FEE PAID FOR THE SOFTWARE.
Should you have any questions concerning this license, please write or call:
