This is a legal agreement between you (either an individual or an entity), the end user, and VIEW Software, Inc. If you do not agree to the terms of this Agreement, promptly return the disks and the accompanying items to the place you obtained them for a refund.
VIEW SOFTWARE LICENSE
1. GRANT OF LICENSE. This VIEW Software license agreement ("License") permits you to use one copy of the enclosed VIEW Software program (the "SOFTWARE") on any single computer, provided the SOFTWARE is in use on only one computer at any time. If you have multiple licenses for the SOFTWARE, then at any time you may have as many copies of the SOFTWARE in use as you have licenses. The SOFTWARE is "in use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not "in use". If anticipated number of users of the SOFTWARE will exceed the number of applicable Licenses, then you must have a reasonable mechanism or process in place to assure that the number of persons using the SOFTWARE concurrently does not exceed the number of Licenses. If the SOFTWARE is permanently installed on the hard disk or other storage device (other than a network server) and one person uses that computer more than 80% of the time it is in use, then that person may also use the SOFTWARE on a portable or home computer.
2. COPYRIGHT. The SOFTWARE is owned by VIEW Software or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g. a book or musical recording) except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE.
3. OTHER RESTRICTIONS. This VIEW Software license agreement is your proof of license to exercise the rights granted herein and must be retained by you. You may not or lease the SOFTWARE, but you may transfer your rights under this VIEW Software license agreement on a permanent basis provided you transfer this license agreement, the SOFTWARE, and all accompanying written materials and retain no copies, and the recipient agrees to the terms of this agreement. You may not reverse engineer, decompile, or disassemble the SOFTWARE. Any transfer of the SOFTWARE must include the most recent update and all prior versions.
4. LIMITED WARRANTY. VIEW Software, Inc. ("VIEW Software") warrants the physical diskette(s) and physical documentation enclosed herein (but not any diskettes or documentation distributed by you) to be free of defects in materials or workmanship under normal use or service for a period of sixty-days from the purchase date. If VIEW Software receives notification within the warranty period of defects in materials or workmanship, and such notification is determined by VIEW Software to be correct, VIEW Software will replace the defective diskette(s) or documentation. DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED THE VIEW SOFTWARE SERVICE DEPARTMENT AND OBTAINED A RETURN AUTHORIZATION NUMBER.
The entire and exclusive liability and remedy for breach of this Limited Warranty shall be limited to replacement of defective diskette(s) or documentation and shall not include or extend to any claim for or right to recover any other damages, including but not limited to, loss of profit, data, or use of the software, or special, incidental, or consequential damages or other similar claims, even if VIEW Software has been specifically advised of the possibility of such damages. In no event will VIEW Software liability for damages to you or any other person exceed the lower of suggested list price or actual price paid for the license to use the software, regardless of any form of the claim.
VIEW Software, Inc. SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Specifically, VIEW Software makes no representation or warranty that the software is fit for any particular purpose and any implied warranty or merchantability is limited to the sixty-day duration of the Limited Warranty covering the physical diskette(s) and physical documentation only (and not the software) and is otherwise expressly and specifically disclaimed.
This limited warranty gives you specific legal rights; you may have others which vary from state to state. Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to you.
5. GOVERNING LAW AND GENERAL PROVISIONS. This agreement shall be construed, interpreted and governed by the laws of the State of California, and any action hereunder shall be brought only in California. If any provision is found void, invalid, or unenforceable, it will not affect the validity of the balance of this statement, which shall remain valid and enforceable according to its terms. If any remedy provided is determined to have failed of its essential purpose, all limitations of liability and exclusion of damages set forth in the limited warranty shall remain in full force and effect. This statement may only be modified in writing signed by you and an authorized officer of VIEW Software. All rights not specifically granted in this statement are reserved by VIEW Software, Inc.
Should you have any questions concerning this Agreement, or if you desire to contact VIEW Software for any reason, please write: VIEW Software, Inc. / 916 Commercial Street / Palo Alto, CA 94303
