CENTRAL POINT SOFTWARE, INC. SOFTWARE LICENSE AGREEMENT
This document is a legal agreement between you, the "end user," and Central Point Software, Inc. BY USING THIS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT WHICH INCLUDE THE LICENSE AND LIMITED WARRANTY, PROMPTLY RETURN THE DISKS AND ALL OF THE ACCOMPANYING ITEMS (including documentation and packaging) TO THE PLACE YOU OBTAINED THEM FOR A FULL REFUND.
GRANT OF LICENSE -- Permitted Uses
Central Point Software grants you the end user the right to copy the enclosed SOFTWARE onto a single computer and the right for you and others to use that copy of the SOFTWARE on that single computer. You may copy the software onto multiple computers (office, home, laptop) provided that only one copy of the SOFTWARE is used at any time and such use is by you.
Where the SOFTWARE is copied onto multiple computers, or is used on a network or file server, you must purchase a number of copies of the SOFTWARE equal to the number of users who will use the SOFTWARE.
If the enclosed SOFTWARE includes the Commute remote control program, you are granted the right to use the Commute program to make a single unique connection between two desired computers even if multiple computers must be traversed to make the connection. You must purchase a number of copies of the Commute program equal to the number of unique distinct connections you wish to make.
You may transfer the complete SOFTWARE and the accompanying written materials together on a permanent basis provided you do not retain any copies and the recipient agrees to the terms of this Agreement.
COPYRIGHT STATEMENT: The SOFTWARE is owned by Central Point Software, Inc. 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 (a) make copies of the SOFTWARE solely for backup or archival purposes, and (b) transfer the SOFTWARE from floppy disks to hard disks provided that the SOFTWARE is used as specified herein. You may not copy the written material accompanying the SOFTWARE.
OTHER RESTRICTIONS: You may not lease, rent or sub-license the SOFTWARE. You may not transfer the SOFTWARE or accompanying written materials except as provided above. You may not reverse engineer, decompile, disassemble or create derivative works from the SOFTWARE. If you later receive an Update to this SOFTWARE or if this SOFTWARE is an Update to a prior version, any transfer must include both the Update and all accessible prior versions of the SOFTWARE.
DUAL MEDIA SOFTWARE: If the SOFTWARE package contains both 3.5" and 5.25" disks, then you may use only the disks appropriate for your single-user computer or network server. If the SOFTWARE package contains multiple operating system platform versions, then you may use only one of the platform versions of the SOFTWARE unless the other platform versions are used on either your portable or home computer or all versions are used by you on a single computer.
EXPORT RESTRICTIONS: The SOFTWARE may be subject to the export controls of the United States Departments of State and Commerce and End User agrees to fully comply with all applicable U.S. export regulations governing export, destination, ultimate end user and other restrictions relating to the SOFTWARE.
U.S. GOVERNMENT RESTRICTED RIGHTS: If you are acquiring the SOFTWARE on behalf of any unit or agency of the United States Government, the following provisions applies -- It is acknowledged that the SOFTWARE and the documentation were developed at private expense and that no part is in the public domain and that the SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.2277013 or subparagraphs (c)(1) and (2) of the Consumer Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Central Point Software, Inc./15220 NW Greenbrier Parkway, #200/Beaverton, OR 97006.
LIMITED WARRANTY
This warranty is extended only to the original end user of this COPY of the SOFTWARE.
Central Point Software, Inc. warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials and (b) the SOFTWARE is properly recorded on the disk media. Your failure to return the enclosed registration card may result in Central Point Software's inability to provide you with updates to the SOFTWARE and you assume the entire risk of performance and result of such event. This Warranty extends for (90) days from the date of purchase. There is no warranty after expiration of the warranty period.
THERE ARE NO OTHER WARRANTIES. CENTRAL POINT SOFTWARE, INC. DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHATABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND ARISING FROM USAGE OF TRADE OR COURSE OF DEALING OR PERFORMANCE, WITH RESPECT TO THE SOFTWARE, THE ACCOMPANYING WRITTEN MATERIALS, AND ANY ACCOMPANYING HARDWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE.
EXCEPT AS STATED HEREIN, IN NO EVENT SHALL CENTRAL POINT SOFTWARE, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, WARRANTY OR OTHER LEGAL OR EQUITABLE GROUNDS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS CENTRAL POINT SOFTWARE, INC. PRODUCT, EVEN IF CENTRAL POINT SOFTWARE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Central Point Software's entire liability and your exclusive remedy shall be, at Central Point Software's option, either
(a) return of the price paid for the SOFTWARE or (b) repair or replacement of the SOFTWARE that does not meet Central Point Software's Limited Warranty and which is returned to Central Point Software with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. In no event shall Central Point Software's liability exceed the purchase price of the SOFTWARE.
This Agreement is governed by the State of Oregon.
