By clicking on the ACCEPT button, you indicate your acceptance of the following Wall Data License Agreement.
WALL DATA SOFTWARE LICENSE AGREEMENT
1. LICENSE. Wall Data Incorporated ("Wall Data") grants you ("You"), the end user, a non-exclusive License to use the enclosed software program (the "Software") on a single Processor (a single terminal connected to a single microcomputer, or a single workstation of a computer, or its replacement) subject to the terms of this Agreement. You may transfer the Software to a single fixed disk provided you keep the original solely for backup or archival purposes. You may not: (a) use the Software in a multiple computer or multiple user arrangement unless you have obtained an individual License for each computer or user; (b) copy all or any portion of the Software or any written materials accompanying the Software; (c) transfer the Software to another person or entity or make available the Software to any person or entity other than your employees for use of the Software as described herein; (d) modify the Software, except that you may modify the Software or merge it with another program for your use on a single computer; (e) reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code to the Software; (f) translate or create derivative works based on the Software; (g) remove or obscure any notice of copyright, trademark or other proprietary rights; (h) sublicense, sell, lend, rent, or lease all or any portion of the Software; and (i) transfer the Software to any person or entity in violation of the United States Export Administration Act. Wall Data may terminate the License if you violate any provisions of this Agreement. Upon termination of the License, you must destroy or return the Software and related items to Wall Data.
2. PROPRIETARY RIGHTS. Wall Data or its suppliers own the Software and all associated patent, copyright, trade secrets, trademarks and other proprietary rights in the Software. No title to or ownership of the Software or any associated proprietary rights are transferred to you by this Agreement.
3. LIMITED WARRANTY. Wall Data warrants for a period of 90 days from the date of purchase that the Software will perform substantially in accordance with the specifications established by Wall Data. Wall Data does not warrant the Software is free from all bugs, errors, and omissions.
Your exclusive remedy and Wall Data's entire liability shall be, at Wall Data's option, either (a) return of the price paid or (b) repair or replacement of the Software that fails to comply with the above warranties and which is returned to Wall Data with a copy of your receipt. 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.
WALL DATA DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL WARRANTIES SHALL TERMINATE 90 DAYS FROM THE DATE OF DELIVERY TO YOU. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This limited warranty gives you specific legal rights and you may have other rights which vary from state to state.
4. LIMITATION OF LIABILITY.
A. IN NO EVENT SHALL WALL DATA OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR OTHERWISE UNDER THIS AGREEMENT EVEN IF WALL DATA OR ITS DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow limitation or exclusion of incidental or consequential damages, so the above limitation may not apply to you.
B. Wall Data's liability (whether in tort, negligence, contract, warranty product liability or otherwise; and notwithstanding any fault, negligence, strict liability, or product liability of Wall Data) with regard to the Software will not exceed the compensation paid by you for the Software.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to the restrictions set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 48 CFR 252.227-7013, or in subdivisions (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, as applicable. The contractor/manufacturer is Wall Data Incorporated, 17769 N.E. 78th Place, Redmond, Washington 98052-4992.
6. MISCELLANEOUS. This Agreement constitutes the entire agreement between you and Wall Data with regard to the Software. Statements or representations made by agents, employees, distributors and dealers of Wall Data which add to or vary this Agreement or the related documentation do not constitute warranties by Wall Data, do not bind Wall Data, and should not be relied upon. This Agreement may only be modified in a written amendment signed by an authorized Wall Data officer. If any provision of this Agreement is unenforceable, all others will remain in effect. This Agreement shall be governed by the laws of the State of Washington, without reference to its choice of law rules. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE PROVISIONS OF THIS AGREEMENT. If you have any questions concerning this Agreement, please contact in writing: Wall Data Incorporated, 17769 N.E. 78th Place, Redmond, Washington 98052-4992.
