License Agreement and Warranty{tc "Appendix B: License Agreement and Warranty"}
Grant of license. Under this license you may:
* use 3-D Keyboard ("the software") on only one machine at a time, unless an agreement with Exceller Software Corporation ("Exceller") specifies otherwise.
* copy the software for backup
* transfer possession of the software to another party.
Copyright. The software is licensed to you by Exceller and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the software like any other copyrighted material.
Restrictions. You may not rent or lease the software, but you may transfer the software on a permanent basis provided you retain no copies, and the recipient agrees to the terms of this Agreement. You may not reverse, engineer, decompile, or disassemble the software. If the software is an update, any transfer must include the update and all prior versions.
Limited Warranty. Exceller warrants that the software will perform substantially in accordance with the accompanying on-line documentation in the Help system for a period of 90 days from the date of receipt. Any implied warranties on the software are limited to 90 days. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
Customer Remedies. Exceller's entire liability and your exclusive remedy shall be, at Exceller's option, either a) return of the price paid or b) repair or replacement of the software that does not meet Exceller's Limited Warranty and which is returned to Exceller with a copy of your receipt. 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 30 days, whichever is longer. These remedies are not available outside of the United States of America.
No other warranties. Exceller disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the software and the
accompanying on-line documentation in the Help system. This limited warranty gives you specific legal rights. You may have other rights which vary from state to state.
No liability for consequential damages. In no event shall Exceller or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or other pecuniary loss) arising out of the use or of inability to use this product even if Exceller has been advised of the possibility of such damages. Because some states do not allow the exclusion of limitation of liability or consequential or incidental damages, the above limitation may not apply to you.
This agreement is governed by the laws of New York State.
Exceller Software Corporation, 2 Graham Road West, Ithaca, NY 14850
