CE SOFTWARE LICENSE AND LIMITED WARRANTY AGREEMENT
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THIS DISKETTE. BY USING THIS DISKETTE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE AND PROMPTLY ERASE THIS DISKETTE.
DEFINITIONS
The following definitions apply to the terms as they appear in this agreement:
• You and Your refer to any person or entity that acquires or uses this Package.
• Diskette means the Software, manual(s), and other items accompanying this agreement.
• Software means the computer program contained in this Package, together with all codes, techniques, software tools, formats, designs, concepts, methods, and ideas associated with that computer program. It also means any copies of the program, codes, etc., made to any other disk, hard disk or other media.
PERMITTED USES
CE Software, Inc. (CE) grants you a non-exclusive license to use the Software in this Diskette according to the terms set forth below.
You may:
• Operate this Software for your use.
• Without notification to CE, transfer copies of all (but no lesser portion) of the Software and related manuals to another person or entity, who in turn will be subject to this agreement.
PROHIBITED USES
You may not:
• Modify, reverse-engineer, disassemble, decompile or reduce the Software to a human perceivable form or translate, sub-license, resell for profit, lend, rent, or lease any portion of the Software.
• Merge it with another program or create derivative works based on the Software.
• Remove, obscure, or alter any notice of the CE copyright or other proprietary legends on the Software.
• Transfer the Software or any direct product to any person or entity in violation of the United States Export Administration Act.
The Software involves valuable proprietary rights of CE and others. CE retains title to and ownership of the Software and all copyright, trade secret, trade name, trademark, and other property rights related to the Software, regardless of the form in which the original or other copies exist. You may not violate these rights, and you must take appropriate steps to protect CE’s rights. You are responsible for all taxes other than those based on the net income of CE. CE may at any time replace, modify, alter, improve, enhance, or change the Software.
GOVERNMENT END USERS
The Software qualifies as commercial computer software for purposes of FAR 52.227-19 and DFARS 52.227.7013. Accordingly, if the Software is acquired by a civilian government agency, it is furnished with only the minimum Restricted Rights provided by FAR 52.227-19. If the Software is acquired by a military agency, it is furnished with only the minimum Restricted Rights provided by DFARS 52.227-7013(c)(1)(ii).
TERMINATION
Both the license and your right to use the Software terminate automatically if you violate any part of this agreement. In the event of termination, you must immediately destroy all copies of the Software or return them to CE.
LIMITED WARRANTY
CE SOFTWARE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
EXCEPT AS SPECIFICALLY SET FORTH ABOVE, CE SOFTWARE AND ITS DISTRIBUTORS AND DEALERS WILL IN NO EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, EITHER DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS PROFITS, INCOME OR USE OF DATA. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, THE LIMITATIONS SET FORTH IN THIS AGREEMENT MAY NOT APPLY TO YOU.
CE’S LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO $250.
GENERAL
This agreement constitutes the entire agreement and supersedes any prior agreement between CE and you concerning the contents of this Package. CE is not bound by any provision of any purchase order, or other document, unless CE specifically amends this agreement. This agreement cannot be amended, modified, or waived, unless the change is written and signed by an authorized corporate officer of CE Software.
