IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT ORDER, INSTALL OR USE THE SOFTWARE.
USE
You (an entity or a person) may use one copy of the Lotus software products purchased ("Software") on a single computer. The following applies to all products except Lotus Organizer: you may use the Software on a network provided you have purchased Software equal to the maximum number of copies in use at one time. For Lotus Organizer, you must acquire one copy for each user. The Software is "in use" on a computer when it is in memory (i.e., RAM) or installed (executable and other files) on the hard disk or other storage device. Software installed on a server for distribution purposes only is not considered "in use". If the Software is stored on a computer other than a network server, then the primary user may also use the Software on his/her home and/or laptop computer, provided the Software is used on only one computer at a time.
You may make one (1) archival copy of the Software.
RESTRICTIONS
You may not alter, merge, modify or adapt this Software in any way including disassembling or decompiling. You may not loan, rent, lease, or license this Software or any copy. You may transfer the Software provided you transfer all of the Software and all documentation and media to the same transferee and you do not retain any copies. If the Software is an update or has been updated, any transfer must include the most recent update and all prior versions.
COPYRIGHT
All intellectual property rights in the Software and user documentation are owned by Lotus or its suppliers and are protected by United States and Canadian copyright laws, other applicable copyright laws, and international treaty provisions. Lotus retains all rights not expressly granted.
ADOBE TYPE MANAGER SOFTWARE
If your Software contains Adobe Type Manager ("ATM") you may install and use ATM software on up to three (3) computers. Outline Fonts: You agree that you will use the Outline Fonts to reproduce and display typefaces solely for your own customary business or personal purposes on (i) one printer which either contains a Postscript language interpreter or is attached to a central processing unit which utilizes ATM or the Display Postscript System from Adobe and (ii) one or more workstations utilizing ATM. Except as described in this paragraph, the Lotus Software Agreement (including the Limited Warranty and U.S. Government Restricted Rights) will apply to the ATM Software.
LIMITED WARRANTY
For ninety (90) days from your date of purchase, Lotus warrants that (i) the Software shall substantially conform to the applicable user documentation and (ii) that the magnetic media (if any) on which the Software is distributed and the user documentation are free from material defects in materials and workmanship. Lotus shall, at its option, refund the amount you paid for the Software or provide you with corrected items provided that the defective item(s) is returned to Lotus within ninety (90) days from the date of purchase. Any replacement items shall be subject to a thirty (30) day warranty from your date of receipt and will be subject to the terms of this Agreement. These are your sole remedies for any breach of warranty.
Except as specifically provided herein, Lotus makes no warranty or representation, promise or guarantee, either express or implied, statutory or otherwise, with respect to this Software or user documentation, including their quality, performance, merchantability, or fitness for a particular purpose.
The warranty and remedies set forth herein are exclusive and in lieu of all others, oral or written, express or implied. No Lotus dealer, distributor, agent or employee is authorized to make any modification or addition to this warranty.
LIMITATION OF LIABILITY
Because software is inherently complex and may not be completely free of errors, you are advised to verify your work and to make backup copies. In no event will Lotus be liable for indirect, special, incidental, economic, cover, or consequential damages arising out of the use of or inability to use the Software or user documentation, even if advised of the possibility of such damages. In no case shall Lotus' liability exceed the amount paid by you for the Software. Some states do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and/or user documentation are provided with RESTRICTED AND LIMITED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR 52.227-14 (June 1987) Alternate III(g)(3) (June 1987), FAR 52.227-19 (June 1987), or DFARS 52.227-7013 (c)(1)(ii) (June 1988), as applicable. Contractor/Manufacturer is Lotus Development Corporation, 55 Cambridge Parkway, Cambridge, MA 02142.
GENERAL
The terms of the cc:Mail Software Agreement shall apply with respect to any cc:Mail product included in the Software.
The export of this product is governed by U.S. Department of Commerce under the export administration regulations and by Canadian export regulations.
For U.S. customers: Should you have any questions concerning this Agreement, write to Customer Service, Lotus Development Corporation, 55 Cambridge Parkway, Cambridge, MA 02142.
For Canadian customers: Should you have any questions concerning this Agreement, write to Customer Service, Lotus Development Canada Limited, B.P. 679, Scarborough, Ontario, M1K 5C5.
