CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT PRIOR TO ORDERING THE AVERY LABELPRO SOFTWARE PROVIDED BY THE SOFTBANK SYSTEM. BY ORDERING THE SOFTWARE OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, DO NOT ORDER OR USE THE SOFTWARE.
1. LICENSE: You have the non-exclusive right to use the Avery LabelPro software program. This program can only be used on a single computer. You may physically transfer the program from one computer to another provided that the program is used on only one computer at a time. You may not distribute copies of the program or documentation to others. You may not modify or translate the program or related documentation without the prior written consent of Avery.
2. BACKUP AND TRANSFER: You may make one (1) copy of the program solely for backup purposes. You must reproduce and include the copyright notice on the backup copy. You may transfer and license the product to another party if the other party agrees to the terms and conditions of this Agreement and completes and returns a Registration Card to Avery. If you transfer the program, you must at the same time transfer the documentation and backup copy or transfer the documentation and destroy the backup copy..
3. COPYRIGHT: The program and its related documentation are copyrighted. You may not copy the program or its documentation except for backup purposes and to load the program into the computer as part of executing the program. All other copies of the program and its documentation are in violation of this Agreement.
4. TERM: This license is effective until terminated. You may terminate it by destroying the program and documentation and all copies thereof. This license will also terminate if you fail to comply with any term or condition of this Agreement. You agree, upon such termination, to destroy all copies of the program and documentation.
5. LIMITED WARRANTY: THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXCEPT AS STATED HEREIN. THE ENTIRE RISK AS TO THE RESULT AND PERFORMANCE OF THE PROGRAM IS ASSUMED BY YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU - (AND NOT AVERY OR ITS DEALERS) - ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. FURTHER, AVERY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULT OF THE USE OF, THE PROGRAM IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE, AND YOU RELY ON THE PROGRAM AND RESULTS SOLELY AT YOUR OWN RISK.
THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, THAT IS MADE BY AVERY ON THIS AVERY PRODUCT. THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY SPECIFICALLY DISCLAIMED BY AVERY AND ALL OTHER PARTIES INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PROGRAM. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
NEITHER AVERY NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PROGRAM SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES WHATSOEVER (WHETHER BASED UPON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY) ARISING OUT OF THE USE, THE RESULTS OF THE USE, OR INABILITY TO USE SUCH PRODUCT EVEN IF AVERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. MISC.: This License Agreement shall be governed by the laws of the State of California and shall inure to the benefit of Avery Dennison Corporation, its successors, administrators, heirs, and assigns.
7. ACKNOWLEDGMENT: You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. You also agree that this supersedes all proposals or prior agreement, verbal or written, and any other communications between the parties relating to the subject matter of this agreement.
Should you have any questions concerning this agreement, please contact in writing: Avery Dennison, Avery Division, 20955 Pathfinder Road, Diamond Bar, CA 91765 before opening this disk package.
