Hypro Systems Technologies, Inc. grants to you a non-exclusive, non-transferable license to use this copy of the program and accompanying documentation according to the following terms:
LICENSE
You may:
a. install the program on only one computer (including a computer within a network or a multi-user system); and
b. make one (1) copy of the program in machine readable form solely for back-up purposes, provided that you reproduce all proprietary notices on the copy.
You may not:
a. use the program in more than one computer or permit access to the program installed on one computer by other computers through a computer network or multi-user system.
b. modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, or copy (except for the back-up copy) the program or the accompanying documentation.
c. rent, transfer or grant any rights in the program or accompanying documentation in any form to any person without the prior written consent of Hypro Systems Technologies, Inc. or
d. remove any proprietary notices, labels, or marks on the program and accompanying documentation. This license is not a sale. Title and copyrights to the program, accompanying documentation and any copy made by you remain with Hypro Systems Technologies, Inc. Unauthorized copying of the program or the accompanying documentation, or failure to comply with the above restrictions, will result in automatic termination of this license and will make available to Hypro Systems Technologies, Inc. other legal remedies.
LIMITED WARRANTY AND DISCLAIMER
Hypro Systems Technologies, Inc. warrants that, for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt, the diskette(s) on which the program is furnished under normal use will be free from defects in materials and workmanship and the program under normal use will perform without significant errors that make it unusable. Hypro Systems Technologies, Inc.'s entire liability and your exclusive remedy under this warranty (which is subject to you returning the program to Hypro Systems Technologies, Inc. or an authorized dealer with a copy of your receipt) will be, at Hypro Systems Technologies, Inc.'s option, to attempt to correct or help you around errors with efforts which Hypro Systems Technologies, Inc. believes suitable to the problem, to replace the program or diskettes with functionally equivalent software or diskette(s), as applicable, or to return the purchase price and terminate this Agreement.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, HYPRO SYSTEMS TECHNOLOGIES, INC. MAKES AND YOU RECEIVE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHENTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HYPRO SYSTEMS TECHNOLOGIES, INC. DOES NOT WARRANT THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
IN NO EVENT WILL HYPRO SYSTEMS TECHNOLOGIES, INC. BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM THE USE OF THE PROGRAM OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF HYPRO SYSTEMS TECHNOLOGIES, INC. OR AN AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
GOVERNMENT USE
Use, duplication or disclosure by the Government is subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013
GENERAL
This Agreement will be governed by the laws of the State of California. This Agreement is the entire agreement held between us and supersedes any other communications or advertising with respect to the program and accompanying documentation. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If you have any questions, please contact in writing: Hypro Systems Technologies, Inc., Customer Service, 8557 Higuera St., Culver City, CA 90232
RETURN OF THE REGISTRATION IS REQUIRED FOR NOTICES OF UPDATES AND ENHANCEMENTS AND ELIGIBILITY FOR CUSTOMER SERVICE AND PRODUCT SUPPORT.
