IMPORTANT-READ CAREFULLY. This End-User License Agreement is a legal AGREEMENT between you and ByteSize CD-ROM Inc. for the software product identified above, which product includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, then DO NOT install or use the SOFTWARE PRODUCT, you may, however, return it to your place of purchase for a full refund.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1) GRANT OF LICENSE. This agreement grants you, the registered computer software developer, the following rights:
- Applications Software. The SOFTWARE PRODUCT may be used only by you. You may install and use one copy of the SOFTWARE PRODUCT, or any prior version thereof for the same operating system, on a single computer.
COPYRIGHT AND TRADEMARKS.
- All title, trademarks and copyrights in and pertaining to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animation, video, audio, Music, text, and applets incorporated into the SOFTWARE PRODUCT), the accompanying, printed materials and any copies of the SOFTWARE PRODUCT are owned by BYTESIZE CD-ROM, INC. or its affiliated companies. The SOFTWARE PRODUCT is protected by copyright and trademark laws and international treaty provisions. You must treat the SOFTWARE PRODUCT like any other copyrighted for archival purposes, and you may not copy the printed materials accompanying the SOFTWARE PRODUCT.
- You may not remove, modify or alter any BYTESIZE CD-ROM, INC. copyright or trademark notice from any part of the SOFTWARE PRODUCT, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the BYTESIZE CD-ROM, INC. Setup Wizard dialogue or 'about' boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or dynamically or otherwise created by the SOFTWARE PRODUCT.
LIMITED WARRANTY
- LIMITED WARRANTY. BYTESIZE CD-ROM, INC. warrants that (a) the SOFTWARE PRODUCT will, for a period of ninety (90) days from the date of your receipt, perform substantially in accordance with BYTESIZE CD-ROM, INC.'s written materials accompanying it, and (b) any Support Services provided by BYTESIZE CD-ROM, INC. shall be substantially as described in applicable written materials provided to you by BYTESIZE CD-ROM, INC., and (c) BYTESIZE CD-ROM, INC. support engineers will make commercially reasonable efforts to solve any problem issues with the SOFTWARE PRODUCT. To the extent that implied warranties on the SOFTWARE PRODUCT are disclaimable, they are disclaimed hereinbelow. Some states and jurisdictions do not allow disclaimers of or limitations on the duration of an implied warranty, so the above limitation may not apply to you. To the extent implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days.
- CUSTOMER REMEDIES. BYTESIZE CD-ROM, INC.'s and its suppliers' entire liability and your exclusive remedy shall be, at BYTESIZE CD-ROM, INC.'s option, either (a) return of the price paid by you for the SOFTWARE PRODUCT (not to exceed the suggested retail price) if any, or (b) repair or replacement of the component(s) of the SOFTWARE PRODUCT that do(es) not meet BYTESIZE CD-ROM, INC.'s Limited Warranty and which is returned to BYTESIZE CD-ROM, INC. with a copy of your purchase receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder, of the original warranty period or thirty (30) days, whichever is longer. Outside of the United States, neither of these remedies nor any product support services offered by BYTESIZE CD-ROM, INC. are available without proof of purchase from an BYTESIZE CD-ROM, INC. authorized international source.
- NO OTHER WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BYTESIZE CD-ROM, INC. AND ITS SUPPLIERS DISCLAIM ALL, OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BYTESIZE CD-ROM, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF BYTESIZE CD-ROM, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, BYTESIZE CD-ROM, INC.'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR TEN UNITED STATES DOLLARS (U.S. $10.00); PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A BYTESIZE CD-ROM, INC. SUPPORT SERVICES AGREEMENT, BYTESIZE CD-ROM, INC.'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL, BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
