This legal document is an agreement between you, the end user, and Usability Sciences Corporation ("USC"). BY OPENING THE QUICKCARD PACKAGE, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THE AGREEMENT, WHICH INCLUDES THE SOFTWARE LICENSE AND SOFTWARE DISCLAIMER OF WARRANTY (collectively, the "Agreement").
THIS AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT BETWEEN YOU AND USC. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE PACKAGE AND THE OTHER ITEMS (INCLUDING WRITTEN MATERIALS, OTHER CONTAINERS, IF ANY) THAT ARE PART OF THIS PRODUCT TO THE PLACE WHERE YOU OBTAINED THEM.
1. GRANT OF LICENSE. In consideration of payment of the License fee, which is a part of the price you paid for this product, USC, as Licensor, grants to you, the LICENSEE, a non-exclusive right to use and display this copy of a USC computer software program (the "SOFTWARE") on a single Computer (i.e., with a single CPU) or on a LICENSED COMPUTER NETWORK. A computer network is any combination of two or more terminals that are electronically linked and capable of sharing the use of a single software program. A LICENSED COMPUTER NETWORK is a computer network for which the LICENSEE has purchased and dedicated at least one (1) single-user version of SOFTWARE for each concurrent user of the SOFTWARE on the network. USC reserves all rights not expressly granted to LICENSEE.
2. OWNERSHIP OF SOFTWARE. As the LICENSEE, you own the magnetic or other physical media on which the SOFTWARE is originally or subsequently recorded or fixed, but USC retains title and ownership of the SOFTWARE recorded on the original disk copy(ies) and all subsequent copies of the SOFTWARE, regardless of the form or media or on which the original and other copies may exist. This License is not a sale of the original SOFTWARE or any copy.
3. COPY RESTRICTIONS. This SOFTWARE and the accompanying written materials are copyrighted. Unauthorized copying of the SOFTWARE, including SOFTWARE that has been modified, merged, or included with other software, or of the written materials is expressly forbidden. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this License. Subject to these restrictions, and if the software is not copy-protected, you may make one (1) copy of the SOFTWARE solely for backup purposes. You must reproduce and include the copyright notice on the backup copy.
3. USE RESTRICTIONS. As the LICENSEE, you may physically transfer the SOFTWARE (a) from one terminal to another within a LICENSED COMPUTER NETWORK or (b) from one single Computer to another provided that the SOFTWARE is used on only one computer at a time. You may not electronically transfer the SOFTWARE from one computer to another except over a LICENSED COMPUTER NETWORK. You may not modify, adapt, translate, reverse engineer, decompile, dissemble, or create derivative works based on the SOFTWARE. You may not modify, adapt, translate, or create derivative works based on the written material without the prior written consent of USC.
5. TRANSFER RESTRICTIONS. This SOFTWARE is licensed only to you, the LICENSEE, and may not be transferred to anyone without the prior written consent of USC. Any authorized transferee of the SOFTWARE shall be bound be the terms and conditions of this Agreement. In no event may you transfer, assign, rent, lease, sell, or otherwise dispose of the SOFTWARE on a temporary or permanent basis except as expressly provided herein.
6. TERMINATION. This License is effective until terminated. This License will terminate automatically without notice from USC is you fail to comply with any provision of the License. Upon termination you shall destroy all copies of the SOFTWARE, including modified copies, if any.
7. UPDATE POLICY. USC may create, from time to time, updated versions of the SOFTWARE. At this option, USC will make such updates available to LICENSEE and transferees who have paid the update fee and returned the Registration Card to USC.
8. MISCELLANEOUS. This Agreement is governed by the laws of the State of Texas.
DISCLAIMER OF WARRANTY AND LIMITED WARRANTY
THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, USC DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE YOU, AND NOT USC OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEEs, ASSUME THE ENTIRE COSTS OF ALL NECESSARY SERVICING, REPAIRS, OR CORRECTION.
THE ABOVE ARE THE ONLY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT ARE MADE BY USC ON THIS USC PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY USC, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
NEITHER USC NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE SUCH PRODUCT EVEN IF USC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This Disclaimer of Warranty and Limited Warranty is governed by the laws of the State of Texas.
U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE and documentation is provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software clause at 2520227-7013. Contractor/manufacturer is Usability Sciences Corporation, 1420 Presidential Drive, Richardson, Texas, 75081.
Should you have any questions concerning this Agreement, or if you desire to contact USC for any reason, please contact in writing:
