WORDSTAR INTERNATIONAL INCORPORATED LIMITED USE SOFTWARE LICENSE AGREEMENT
1. GENERAL. WordStar International Incorporated ("WordStar") has authorized Softbank ("Softbank") to distribute WordStar computer software programs ("WordStar Software") on CD-ROM. The WordStar Software is licensed to you by WordStar.
2. ABOUT THIS AGREEMENT. This is the WordStar Limited Use Software License Agreement ("Agreement") which will govern your use of the WordStar Software contained with it including the documentation, computer program, and related materials.
YOU AGREE TO THE TERMS OF THIS AGREEMENT BY USING THE WORDSTAR SOFTWARE ON A PERSONAL COMPUTER. DO NOT USE THE WORDSTAR SOFTWARE ON A PERSONAL COMPUTER WITHOUT FIRST READING, UNDERSTANDING, AND AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT PROMPTLY NOTIFY SOFTBANK.
3. GRANT OF LICENSE. WordStar hereby grants you a limited license to use the WordStar Software on a personal computer. You may not transfer or sublicense, either temporarily or permanently, your right to use the WordStar Software under this Agreement.
4. TERM. This Agreement is effective from the day you begin using the WordStar Software on the personal computer and continues until you remove the WordStar Software from the personal computer, in which case you must also certify in writing that you have destroyed any archival copies you may have recorded on any memory system or magnetic medium.
5. WORDSTAR'S RIGHTS. You acknowledge that the WordStar Software is the sole and exclusive property of WordStar. By accepting this Agreement, you do not become the owner of the WordStar Software, but you do have the right to use the WordStar Software in accordance with this Agreement. You agree not to disassemble, decompile, or otherwise reverse engineer the WordStar Software.
6. ARCHIVAL COPIES. You may make up to three (3) "back-up" or archival copies for the purpose of running the WordStar Software program. Other than these archival copies, you agree that no other copies of the WordStar Software will be made.
7. CUSTOMER REGISTRATION. WordStar may from time to time revise or update the Software. Revisions can only be provided to you if you have returned a Registration Card to WordStar. WordStar's customer services are available only to registered WordStar users.
8. LIMITED WARRANTY. WordStar warrants for a period of ninety (90) days from the date of purchase that, under normal use, that the WordStar Software program will prove to operate substantially in accordance with what is described in the documentation and that the documentation is substantially complete and contains all information which WordStar deems necessary for the use of the WordStar Software. WordStar does not warrant in any manner whatsoever the media on which the WordStar Software is reproduced, i.e. the CD-ROM, which media is warranted, if at all, by Softbank.
EXCEPT FOR THE LIMITED WARRANTY DESCRIBED ABOVE, THERE ARE NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, PROVIDED WITH THIS WORDSTAR SOFTWARE. THESE INCLUDE, BUT ARE NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.
9. LIABILITY. You agree that WordStar's entire liability, at WordStar's option, shall be limited to replacement of WordStar Software.
WORDSTAR WILL NOT BE RESPONSIBLE FOR ANY DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, FOR EXAMPLE, LOSS OF PROFITS RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WORDSTAR SOFTWARE OR ARISING OUT OF ANY BREACH OF THE WARRANTY, EVEN IF WORDSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
10. GOVERNING LAW. This Agreement is to be governed by, and interpreted in accordance with, the laws of the State of California and the United States. Any terms or conditions of this Agreement found to be unenforceable, illegal, or contrary to public policy in any jurisdiction will be deleted, but will not affect the remaining terms and conditions of the Agreement.
11. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between you and WordStar.
12. FOR GOVERNMENT USERS. RESTRICTED RIGHTS LEGEND: 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 252.227-7013. WordStar International Incorporated, 201 Alameda Del Prado, Novato, CA 94949.
