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- ONE UP CORPORATION
- SOFTWARE LICENSE AGREEMENT
-
- Notice to User: This is a legal document between you (the "User") and One Up
- Corporation ("One Up"). It is important that you read this document before
- using the enclosed software and accompanying materials (collectively the
- "Software"). By exercising the rights granted in this Agreement and/or using
- the Software, you agree to be bound by the terms of this Agreement. If you
- do not agree, return the unused Software to One Up within thirty (30) days
- from the date of receipt and you will receive a full refund of any license
- fee paid by you.
-
- One Up Corporation provides this product and licenses its use subject to the
- terms and conditions set forth below.
-
- 1. Grant of License. One Up grants to User a non-exclusive, non-transferable,
- limited license for use of the Software. You may use the
- Software on one computer.
-
- You may make one (1) copy of the Software solely for archival purposes.
-
- All other copying of the Software is prohibited.
-
- Title to the Software is not transferred to User. Ownership of the Software
- is vested in One Up subject to the rights granted in this Agreement.
-
- 2. Intellectual Property Rights.All intellectual property rights in the
- Software and any accompanying materials are owned by One Up and protected by
- United States copyright laws, other applicable copyright laws and international
- treaty provisions. One Up retains all rights not expressly
- granted herein.
-
- 3. Restrictions. User may not alter, modify, adapt, disassemble, decompile
- nor reverse engineer the Software. User may not loan, rent, lease, license
- or distribute the Software. You may transfer the Software and the rights
- granted in this Agreement to another party on a permanent basis provided you
- transfer all of the Software and related materials, the transferee agrees to
- be bound by the terms of this Agreement and you do not retain any copies of
- the Software.
-
- 4. Termination. Without limiting its available remedies One Up may terminate
- this Agreement if you fail to comply with the terms hereof. User may
- terminate this Agreement at any time. In the event of termination you must
- cease to use the Software, destroy all copies in your possession and take
- such other action as may be reasonably necessary to ensure that no copies of
- the Software remain in your possession.
-
- 5. Limited Warranty. One Up warrants that the medium upon which the Software
- is provided by One Up to User shall be free from defects in materials and
- workmanship under normal use for a period of sixty (60) days from the date of
- receipt.
-
- EXCEPT AS EXPRESSLY STATED HEREIN, ONE UP MAKES NO WARRANTY, REPRESENTATION,
- PROMISE OR GUARANTY, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ALL
- WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY
- AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE.
-
- Because laws may vary between jurisdictions you may have different or
- other legal rights regarding this matter.
-
- 6. Remedies. One Up's entire liability and your exclusive remedy shall be at
- One Up's option, either to: a.) replace of any defective medium upon its
- return to One Up within the warranty period; or b.) refund of the license fee
- paid by User.
-
- 7. Limitations. YOUR SOLE REMEDIES ARE SET FORTH ABOVE AND IN NO EVENT SHALL
- ONE UP BE LIABLE FOR ANY LOST PROFITS OR OTHER DAMAGES INCLUDING INDIRECT,
- DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF
- THE USE OR INABILITY TO USE THE SOFTWARE.
-
- Because laws may vary between jurisdictions, you may have different or
- other legal rights regarding this matter.
-
- 8. U.S. Government Restricted Rights. The Software is provided with RESTRICTED
- RIGHTS. Use, duplication, or disclosure by the Government is
- subject to restrictions as set forth in subparagraph (c)(1)(ii) 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 CFR52.227-19, as applicable. Contractor/manufacturer is One Up
- Corporation, 1603 LBJ Freeway, Suite 200, Dallas, Texas 75234.
-
- 9. General. This Agreement is governed by the laws of the State of Texas.
- This Agreement supersedes all prior agreements related to the subject matter
- hereof and can only be modified if set forth in writing between the parties.
-
-
- (C) Copyright 1994 One Up Corporation
-
- IBM, OS/2, and Presentation Manager are registered trademarks of
- International Business Machines Corporation. Other trademarks and
- registrations are property of their respective corporations.
-