IMPORTANT -- Please read this legal agreement carefully before ordering the software provided by the Softbank system. By ordering the software or using the software, your are agreeing to be bound by the terms of this license agreement. If you do not agree with the terms of the license agreement, do not order the software.
(Single-User Products)
THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND AUSTIN-HAYNE CORPORATION .
1. GRANT OF LICENSE -- AUSTIN-HAYNE CORPORATION grants you the right to use one copy of the enclosed AUSTIN-HAYNE software program (the "SOFTWARE") on a single terminal connected to a single computer (e.g. with a single CPU). You may not network the SOFTWARE or otherwise use it on more than one computer or computer terminal at the same time.
2. COPYRIGHT -- The SOFTWARE is owned by AUSTIN-HAYNE Corporation and is protected by the United States copyright law 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 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 must reproduce and include the copyright notice on any copy. You may not copy the written materials accompanying the SOFTWARE.
3. OTHER RESTRICTIONS -- You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile or disassemble the SOFTWARE.
4. DUAL MEDIA SOFTWARE -- If the SOFTWARE package contains both 3-1/2" and 5-1/4" disks, then you may use only the disks appropriate for your single-user computer. You may not use the other disks or transfer them to another user except as part of the permanent transfer (as provided above) of all SOFTWARE and written materials.
5. YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE SOFTWARE OR ANY COPY IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY DESCRIBED IN THIS DOCUMENT, ALL OTHER RIGHTS ARE RESERVED BY AUSTIN-HAYNE CORPORATION OR ITS SUPPLIERS.
LIMITED WARRANTY
LIMITED WARRANTY -- AUSTIN-HAYNE CORPORATION WARRANTS THAT
(a) the SOFTWARE will perform substantially in accordance with accompanying written materials for a period of ninety (90) days from the date of receipt. Any implied warranties on the SOFTWARE are limited to ninety (90) days. Some states do not allow limitations on duration of an implied, warranty, so the above limitations may not apply to you.
CUSTOMER REMEDIES -- AUSTIN-HAYNE Corporation's entire liability and your exclusive remedy shall be, at AUSTIN-HAYNE's option, either (a) return price paid or (b) repair or replace the SOFTWARE or hardware that does not meet originally described specifications. You must provide AUSTIN-HAYNE Corporation with a copy of your receipt. This limited warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
NO OTHER WARRANTIES -- AUSTIN-HAYNE CORPORATION DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE, THE ACCOMPANYING WRITTEN MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES -- IN NO EVENT SHALL AUSTIN-HAYNE CORPORATION OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS AUSTIN-HAYNE PRODUCT, EVEN IF AUSTIN-HAYNE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
U.S. GOVERNMENT RESTRICTIONS, RIGHTS
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) and (11) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
This agreement is governed by the laws of the State of California.
Should you have any questions concerning this Agreement, or if you wish to contact AUSTIN-HAYNE Corporation, please write, care of:
