This is a legal agreement between you, the end user, and DELTA Engineering.
Be sure to read the following agreement before using the software.
BY INSTALLING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS
OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,
PROMPTLY RETURN THE ENTIRE PACKAGE (with all accompanying items) TO
THE PLACE YOU OBTAINED THEM FOR A FULL REFUND.
DELTA Engineering License
1. GRANT OF LICENSE. DELTA Engineering grants to you the right to use one
copy of the enclosed software program (the "SOFTWARE") on a single computer
(i.e. with a single CPU). You may not network the SOFTWARE or otherwise use it or
make it available for use on more than one computer at the same time.
2. COPYRIGHT. The SOFTWARE is owned by DELTA Engineering. Therefore, you
must treat the SOFTWARE like any other copyrighted material (e.g. a book or
musical recording) except that you may either (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 may not copy the 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 electronically transfer the SOFTWARE from one computer
to another. You may not modify, adapt, translate, reverse engineer, decompile,
or disassemble the SOFTWARE.
4. MISCELLANEOUS. If for any reason a court of competent jurisdiction finds any
provision of this Agreement, or portion thereof, to be unenforceable, that
provision of the Agreement shall be enforced to the maximum extent permissible
so as to effect the intent of the parties, and the remainder of this
Agreement shall continue in full force and effect.
5. DISCLAIMER OF WARRANTY AND LIMITED WARRANTY. THE SOFTWARE AND ACCOMPANYING
WRITTEN MATERIALS (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. FURTHER, DELTA ENGINEERING DOES NOT WARRANT, OR MAKE
ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE
SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY,
CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS ARE
DEFECTIVE, YOU, AND NOT DELTA ENGINEERING OR ITS DEALERS, DISTRIBUTORS, AGENTS,
OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION.
DELTA Engineering warrants that the disk on which the SOFTWARE is recorded is
free from defects in materials and workmanship under normal use. You may obtain
a replacement disk by returning the original disk to:
THE ABOVE ARE THE ONLY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE THAT ARE MADE BY DELTA ENGINEERING ON THIS
DELTA ENGINEERING PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
BY DELTA ENGINEERING, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL
CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY
NOT RELY ON SUCH INFORMATION OR ADVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
NEITHER DELTA ENGINEERING NOR ANYONE ELSE WHO HAS BEEN INVOLVED WITH THE
CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE SHALL BE LIABLE FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
AND THE LIKE) ARISING OUT OF THE USE OR THE INABILITY TO USE THE SOFTWARE EVEN
IF DELTA ENGINEERING 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 OR THE LIMITATIONS OF DURATION OF IMPLIED
WARRANTY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. DELTA Engineering's
entire liability and your exclusive remedy as to the disk and the SOFTWARE
shall be, at DELTA Engineering's option, either (a) return of the purchase priceor