CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT BEFORE CONTINUING WITH THIS INSTALLATION. BY CONTINUING WITH THIS INSTALLATION YOU INDICATE YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, DO NOT CONTINUE WITH THE INSTALLATION AND PROMPTLY RETURN THE ENTIRE PRODUCT TO THE PLACE YOU OBTAINED IT FOR A FULL REFUND.
Definitions:
The following definitions apply to the terms of this agreement.
RioPort.com means RioPort.com , it's subsidiaries and affiliates.
Software means software designed to work with, or apart from, RioPort.com provided hardware , including without limitation, drivers, extensions, applications, and user interfaces.
Documentation means the user's manuals and other printed materials accompanying the Software.
Product means the Software and Documentation together.
GRANT OF LICENSE
RioPort.com grants to you a non-exclusive, personal license to use the Software as provided in this license. Except as otherwise expressly provided in this agreement, 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 that one computer and/or storage device at any one time. You may not load this single copy onto a file server that may be accessed by more than one computer, regardless of the number of computers that may access it at any one time. You may make a copy of the Software and store it on media for backup purposes only, as long as you keep it together with this license agreement and that you do not use it in contravention to the terms and conditions of this agreement. Immediately following this paragraph are specific license terms that may or may not apply to you, depending on the Software licensed to you.
COPYRIGHT/PROPRIETARY INFORMATION
The Software portion of the Product is owned by RioPort.com or its suppliers and is protected by United States and international copyright laws and international trade provisions. You must treat the Software like any other copyrighted material. This license and your right to use the Software terminate automatically if you violate any part of this agreement. In the event of termination, you must immediately destroy all copies of the Software or return them to RioPort.com. You also agree to refrain from translating, disassembling, decompiling, or reverse engineering the Software in whole or in part.
LIMITED WARRANTY
RioPort.com warrants the disks on which the Software is distributed to be free from defects in materials and workmanship and that the Software will perform substantially in accordance with the Documentation for a period of 90 days from your receipt of the Product. Any written or oral information given by RioPort.com dealers, distributors, agents, or employees will in no way increase the scope of this warranty.
If the Product fails to comply with the warranty set forth above, RioPort.com's entire liability and your exclusive remedy will be replacement of the disk(s) or, at RioPort.com's option, RioPort.com's reasonable effort to make the Product meet the warranty set forth above. This limited warranty applies only if you return all copies of the Product along with a copy of your paid invoice, to RioPort.com within 90 days of the date you received the Product. If Rioport.com is unable to make the Product conform to the above warranty, RioPort.com at its option, will refund all or a fair portion of the price you paid for this Product. Any replacement Software will be warranted for the remainder of the original 90-day warranty period or for 30 days from the date you receive the replacement, whichever is longer.
RIOPORT.COM DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PRODUCT. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE TO STATE.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
In no event will RioPort.com be liable for any damages whatsoever (including without limitation, damages for loss of profits, business interruption, loss of information, or other pecuniary loss) arising out of the use of or inability to use this RioPort.com product, even if RioPort.com has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation my not apply to you. The foregoing limitations of warranty and liability inure to the benefit of RioPort.com's licensors having an interest in this Product.
ASSIGNMENT
You may not rent or lease the Software, but you may assign your rights under this agreement to a third party who agrees in writing to be bound by this agreement prior to the assignment provided that you transfer all copies of Software and Documentation in any form to the third party or destroy any copies not transferred. Except as set forth above, you may not assign your rights under this agreement. You also agree that the Software will not be shipped, transferred, or exported in any manner into any country or used in any manner prohibited by the United States Export Control Act.
GENERAL
This agreement constitutes the entire agreement between you and RioPort.com and supersedes any prior agreement concerning the Software. It shall not be modified except by written agreement signed by an authorized representative of RioPort.com. RioPort.com is not bound by any provision of any purchase order, receipt, acceptance, guarantee, correspondence, or otherwise, unless RioPort.com specifically agrees to the provision in writing. This agreement shall be construed and governed by the laws of the State of California except the provision on conflict of laws and except as to copyrights which are governed by United States Code and international treaties.
This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
US GOVERNMENT RESTRICTED RIGHTS
The Product is provided with RESTRICTED RIGHTS,. Use, duplication, or disclosure by the government is subject to restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and paragraph (d) of the Commercial Computer Software Restricted Rights clause at FAR 52.227-19. The subcontractor/manufacturer is RioPort.com, 2880 Junction Avenue, San Jose, California 95134-1922.
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