You should carefully read the following terms and conditions before pressing the Accept button. Pressing the Accept button indicates your agreement to these terms and conditions. If you do not agree, press the Reject button; your money will be refunded.
LICENSE
Relay Technology, Inc. provides you the Relay/PC Program (the "Program") and licenses to you its use in the United States, its territories and possessions. You are licensed to use the Program on one machine, and only one machine, at a time.
You may not use, copy, modify or transfer the Program in whole or in part, except as expressly provided for in this license. If you do so, you terminate your license. Any rights not granted to you hereunder are reserved to Relay Technology, Inc.
TERM
The license is effective until terminated. You may terminate it at any time by destroying the Program. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree that upon such termination you will destroy all copies of the Program then in your possession.
RELAY TECHNOLOGY INC'S OBLIGATIONS
Relay Technology, Inc.'s entire liability and your exclusive remedy in the event of a breach of the above warranties shall be, at Relay Technology, Inc.'s option, either (i) the replacement of the Program or (ii) the refund of your payment for the Program.
RELAY TECHNOLOGY, INC. SHALL NOT IN ANY CASE BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM ANY BREACH OF THE ABOVE WARRANTIES EVEN IF RELAY TECHNOLOGY, INC. OR ITS AGENT OR AN AUTHORIZED RELAY TECHNOLOGY, INC. SOFTWARE DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This means that Relay Technology, Inc. will not be responsible for any cost with respect to such damage including costs resulting from lost profits or revenue, loss of use of the Program, loss of data, the cost of recreating lost data, the cost of any substitute program, claims by any party other than you, or for other similar costs.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.
No action for any breach of the above warranties may be commenced more than one year following the earlier of the expiration date of the above warranties, or the date Relay Technology, Inc. is notified of a claim.
RETURN PROCEDURES
In order to make a claim under the above warranties, you must return the defective original Program diskette(s) with a copy of your receipt or invoice evidencing the date of sale of the defective Program to you. We must receive the above items within 30 days of the end of the warranty period. You must either insure the defective item at retail or assume the risk of loss or damage in transit. All inquiries regarding warranties and all warranty claims must be submitted to: Relay Technology, Inc., 1604 Spring Hill Road, Vienna, VA 22182-7509 Attention: Warranty Service Department.
EXCLUSION OF OTHER WARRANTIES
ANY IMPLIED WARRANTIES COVERING THE PROGRAM, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE THE PROGRAM IS SOLD TO YOU. Some states do not allow a limitation of implied warranties, so the above exclusion may not apply to you.
The above warranties do not cover any media or documentation which has been subjected to damage or abuse and do not cover any Program that has been altered or changed in any way by anyone other than Relay Technology, Inc. Relay Technology, Inc. is not responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems which are made after the release of the Program nor for problems in the interaction of the Program with non-Relay Technology, Inc. software.
The above warranties allocate risk of product failure between you and Relay Technology, Inc. The warranties set forth above are in lieu of all other express warranties whether oral or written. The agents, employees, distributors and dealers of Relay Technology, Inc. are not authorized to make modifications to the above warranties, nor to make additional warranties binding on Relay Technology, Inc. Accordingly, additional statements appearing in dealer advertising or presentations,
whether oral or written, do not constitute warranties by Relay Technology, Inc. and should not be relied upon.
GENERAL
You may not sublicense, assign or transfer the license or the Program except as expressly provided in this Agreement. Any attempt otherwise to sublicense, assign or transfer any of the rights, duties or obligations hereunder shall be void.
This Agreement shall be governed by the laws of the Commonwealth of Virginia. This Agreement cannot be changed or terminated except by a writing signed by both parties.
Should you have any questions concerning this Agreement, you may contact Relay Technology, Inc. by writing to: Relay Technology, Inc., 1604 Spring Hill Road, Vienna, VA 22182-7509.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
