GEAR software grants to Licensee and Licensee accepts a non-transferable, non-exclusive license to use one copy of the GEAR software product (the "Product") installed on a single computer/ workstation. By opening the sealed package containing the Product, Licensee acknowledges receipt of one copy of the Product and related documentation and agrees to be bound by all terms of this Agreement. If, for any reason, Licensee does not agree to be bound by the terms of this Agreement, promptly return the package and accompanying items to the place you obtained them for a full refund.
LICENSE RIGHTS:
Licensee shall have the right, subject to the terms and conditions of this Agreement, to use one copy of the Product on a single computer/workstation. The Product shall not be available to other computers and/or workstations that may share a network containing the Product and the Product may not be used on more than one computer/workstation at the same time.
OWNERSHIP/COPYRIGHT:
Licensee acknowledges that GEAR Software owns all rights, title and interest, including copyright and trademark rights, in the Product and related documentation and that all such rights, title and interest in the Product shall remain with GEAR Software.
LICENSE RESTRICTIONS:
As conditions to this Agreement, Licensee agrees:
1. To use the Product only on the hardware specified above and to obtain an additional license from GEAR Software before using the Product on any additional hardware or before allowing access to the Product to a greater number of users than specified above.
2. Not to remove any patent or copyright notices, trademarks, trade names, product names, banners, restricted right legends or intellectual property rights notices from any copy of the Product or related documentation.
3. Not to grant sublicenses, leases or other rights to the Product or any related documentation to others, nor to transfer any rights to Licensee's copy of the Product to others.
4. Not to decompile, disassemble, or otherwise attempt to extract information about the internal structure or operation of the Product.
5. Not to take any action, or permit any omissions with respect to the Product or any copy thereof that would exceed the License rights granted in this Agreement.
U.S. GOVERNMENT RESTRICTED RIGHTS:
The product is provided with restricted and limited rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR 52.227-14, FAR 52.227-19 or DFARS 52.227-7013, as applicable.
LIMITED WARRANTY/DISCLAIMER:
GEAR Software warrants that it has the right to license the Product and related documentation to Licensee.
DISCLAIMER:
Except for the limited warranty described in the preceding paragraph, GEAR Software disclaims all other warranties whether express or implied, including but not limited to the implied merchantability or fitness for a particular purpose. In no event will GEAR Software be liable to Licensee on account of any claim for any damages, including any lost profits, lost savings, increased costs of other special, incidental, consequential or exemplary damages, or any damages assessed against or paid by Licensee to any third party arising out of the use, inability to use or quality or performance of the Product or related documentation whether or not GEAR Software has been advised of the possibility of such damages. In no event will the cumulative liability of GEAR Software exceed the Licensee fee paid by Licensee for the Product.
TRANSFER:
Licensee has no right to sell, license, grant, lease or otherwise transfer its rights under this sublicense without the prior written permission of GEAR Software.
