l. GRANT OF LICENSE. StarBase Corporation (StarBase) grants to you a limited, non-exclusive license to use one copy of the enclosed StarBase software program, (THE "SOFTWARE") on a single computer (i.e., 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 StarBase and is protected by United States copyright laws and international provisions. It contains valuable trade secrets of StarBase. You must protect the SOFTWARE as you would any other literary work except that you may either (l) make one copy of the SOFTWARE for backup or archival purposes, or (2) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the documentation or any portion thereof that accompanies the software. You agree to use reasonable efforts to ensure that persons under your direction and control shall abide by the terms of this Agreement, and that further, if you become aware that the SOFTWARE is being used in a manner not authorized by this Agreement, you will immediately notify StarBase in writing.
3. ADDITIONAL RESTRICTIONS. You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and its documentation to another on a permanent basis provided you retain no copies and the person you transfer it to agrees to the terms of this Agreement. You may not reverse engineer, decompile, or disassemble the SOFTWARE nor attempt to gain knowledge of the source code in any manner whatsoever.
4. SOFTWARE MEDIA. The SOFTWARE package contains one CD-ROM; you may only use the CD-ROM for your single-user computer. You may not use the disks on another computer or loan, rent, lease, or transfer it to anyone else in any manner whatsoever, except as part of a permanent transfer as described above.
5. TERM. This license is effective from the date you first open this envelope, and it shall continue in effect until you cease to use the SOFTWARE, destroy all copies thereof and return the original as its documentation to StarBase.
LIMITED WARRANTY. StarBase warrants the SOFTWARE to be free from defects in workmanship for 90 days from the date of receipt. Workmanship is defined to mean the CD-ROM, documentation and related packaging. StarBase further warrants that the SOFTWARE shall substantially conform to the performance specifications defined in the READ ME file, documentation or other written materials accompanying the SOFTWARE. StarBase does not warrant that the operation of the SOFTWARE will be uninterrupted or error-free. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
YOUR REMEDIES. StarBaseÆs entire liability and your exclusive remedy shall be, at StareBaseÆs option, either (a) refund of the price paid or (b) repair or replacement of the SOFTWARE, provided that any defective software is returned to StarBase within 90 days of receipt, shipping prepaid. Software that has been replaced will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. This warranty is void if the softwareÆs defect has resulted from accident or abuse.
NO OTHER WARRANTIES. StarBase DISCLAIMS ALL OTHER WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no way shall StarBase be liable for any special, indirect, incidental or consequential damages whatsoever (including, with limitation, damages for loss of profits or business interruption, loss of business information, or any other loss) arising out of the use of or inability to use this StarBase product, even if StarBase 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. In no event shall damages arising out of or relating to this Agreement or the licensed SOFTWARE exceed the total amount actually paid you for the SOFTWARE.
ENTIRE AGREEMENT. This Agreement is the entire agreement between you and StarBase relating to the SOFTWARE and it supersedes all other proposals, prior understandings or agreements of the parties pertaining to the SOFTWARE.
GOVERNING LAW. This Agreement is governed by the laws of the State of California. If for any provision or portion thereof of the License Agreement is found to be unenforceable by a court of competent jurisdiction, that provision shall be enforced in such manner as to effect the intention of the parties hereof, and the remainder of the License Agreement shall continue in full force and effect.
