ORDERING BODY INSIGHT INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. THIS LICENSE AGREEMENT ("AGREEMENT") REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PROGRAM BETWEEN YOU AND INFORMATIVE GRAPHICS CORPORATION ("IGC").
License Grant. This is an agreement between you (the purchaser) and Informative Graphics Corporation (IGC) for the product Body Insight.
Subject to all of the terms and conditions hereof, and upon payment of the program costs, IGC does hereby grant to you a non-transferable, non-exclusive license of the microcomputer software Body Insight, hereafter referred to as the Software.
The License granted to you shall permit only the following: (1) copying the Software onto your personal computer; (2) storing the Software on and using it with your personal computer. Except as set forth in this agreement, you may not modify, reverse engineer, decompile or disassemble the Software and you may not sell, transfer, print, display or prepare derivative works from the Software, in whole or in part, as granted. You may make one copy of the Software on a second set of Diskettes for the purpose of backup in case the originals are damaged or destroyed.
IGC's Rights. You acknowledge and agree that the Software and the
documentation are proprietary products of IGC protected under U.S. Copyright Law. You further acknowledge and agree that all right, title, and interest in and to the Program, including associated intellectual property rights, are and shall remain with IGC.
Term. This Agreement is effective upon your installing of this package and shall continue until terminated. You may terminate this Agreement at any time by returning the Program and copy thereof to IGC. IGC may terminate this Agreement upon the breach by you of any term hereof. Upon such termination by IGC, you agree to return to IGC the Program and all copies and portions thereof.
Limitation of Liability. IGC'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE LICENSE FEE PAID TO IGC FOR THE INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS, EVEN IF IGC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Entire Agreement. This License Agreement constitutes the entire agreement and understanding between the parties and supersedes any prior agreements, representations, or understandings, whether oral or written, relating to the Program.
Severability. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
This Agreement shall be construed and governed by the laws of the State of Arizona.
Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
