ATTENTION: THIS IS A LICENSE, NOT A SALE. THIS PRODUCT IS PROVIDED UNDER THE FOLLOWING LICENSE WHICH DEFINES WHAT YOU MAY DO WITH THIS PRODUCT AND CONTAINS LIMITATIONS ON WARRANTIES AND/OR REMEDIES. THIS LICENSE IS GRANTED BY RDS Services, Inc. (Sunlight Software), Aware Concepts, LLC and its client organizations.
IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. INSTALLING, COPYING OR OTHERWISE USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO ITS TERMS.
We provide you with storage media containing a computer program (the ôProgramö) which may also include ôonlineö or electronic documentation, License (the ôLicenseö), and other printed materials (together called the ôProductö) and grants you a license to use the Product in accordance with the terms of this License. The copyright and all other rights to the Product shall remain with us or our suppliers.
YOU MAY:
1. Use the product on one (1) computer at a time only for each copy purchased.
2. Copy the product for archive or back-up purposes only. All other reproductions are strictly prohibited.
YOU MAY NOT:
1. Use the Product or make copies of it except as permitted in this License.
2. Translate, reverse engineer, decompile, or disassemble the Product in any manner.
3. Rent, lease, assign, or transfer the Product.
4. Modify the Product or merge all or any part of the Product with another program.
TERM:
This License shall continue for as long as you use the Product. However, it will terminate if you fail to comply with any of its terms or conditions. You must agree, upon termination, to destroy all copies of the Product. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.
WARRANTY: WE WARRANT THAT THE STORAGE MEDIA IN THIS PRODUCT WILL BE FREE FROM DEFECT IN MATERIALS AND WORKMANSHIP FOR 90 DAYS FROM THE DATE YOU ACQUIRE IT. IF SUCH A DEFECT OCCURS, RETURN THE MEDIA TO the vendor and they WILL REPLACE IT FREE OF CHARGE. THIS REMEDY IS YOUR EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY. IT GIVES YOU CERTAIN RIGHTS AND YOU MAY HAVE OTHER LEGISLATED RIGHTS WHICH MAY VARY FROM JURISDICTION TO JURISDICTION.
LIMITATION OF WARRANTIES AND LIABILITY: EXCEPT FOR THE EXPRESS WARRANTY ABOVE THE PRODUCT IS PROVIDED ON AN ôAS ISö BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUE, USAGE OF TRADE, OR COURSE OF DEALING. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
GENERAL: This License is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of the State of Virginia, U.S.A. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be served from the License and the other provisions shall remain in full force and effect.
