Please read this license carefully before using the software. By using the software, you are agreeing to be bound by the terms of this license. If you do not agree to the terms of this license, please do not use this software.
License
The application, demonstration, system and other software accompanying this License, whether on disk, in read only memory, or on any other media (the "Software") and related documentation are licensed to you by Alysis Software Corp. Alysis Software Corp. and/or Alysis Software Corp.'s Licensor(s) retains the title to the software and related documentation. This license allows you to use the Software on a single Apple Macintosh Quadra. You must reproduce on such copy the Alysis Software Corp. copyright notice and any other proprietary legends that were on the original copy of software. You may also transfer all your license rights in the Software, the backup copy of the software, the related documentation and a copy of this license to another party, provided the other party agrees to accept the terms and conditions of this License.
This software may be used without payment of license fees on Macintosh Quadras owned by individuals who own no more than one Macintosh.
This software may be freely duplicated and used on computers owned by individuals who own no more than one Macintosh.
This software may NOT be used on computers owned by corporations, institutions or individuals who own more than one Macintosh. Call Alysis Software Corporation at 1 800 825 9747 for complete licensing information. Registered licensors of Alysis Software products receive regular updates and toll-free customer support.
Restrictions
The software contains copyrighted material, trade secrets and other proprietary material and in order to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the software to a human-perceivable form. You may not modify, network, rent, lease, loan, distribute or create derivative works based upon the software in whole or in part. You may not electronically transmit the software from one computer to another over a network.
Termination
This License is effective until terminated. You may terminate this license at any time by destroying the Software and related documentation and all copies therof. The License will terminate immediately without notice from Alysis Software Corp, if you fail to comply with any provision of this license. Upon termination you must destroy the Software and related documentation and all copies thereof.
Disclaimer of Warranty on Apple Software
You expressly acknowledge and agree that the use of the Software is at your sole risk. The Software and related documentation are provided "AS IS" and without warranty of any kind and Alysis Software Corp. and Alysis Software Corp.'s Licensor(s) (for the purposes of this provision and the next, Alysis Software Corp. and Alysis Software Corp.'s Licensor(s) shall be collectively referred to as "Alysis Software Corp.") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALYSIS SOFTWARE CORP. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENT, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, ALYSIS SOFTWARE CORP. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OF ADVICE GIVEN BY ALYSIS SOFTWARE CORP. OR ANY ALYSIS SOFTWARE CORP. AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE YOUR SCOPE OF THIS WARRANTY, SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT ALYSIS SOFTWARE CORP. OR AN ALYSIS SOFTWARE CORP. AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL ALYSIS SOFTWARE CORP. BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION. EVEN IF ALYSIS SOFTWARE CORP. OR AN ALYSIS SOFTWARE CORP. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall Alysis Software Corp.'s total liability to you for all damages, losses, and causes of action (whether in contract, tort (Including Negligence) or otherwise) exceed the amount paid by you for the software.
Controlling Law and Severability
This License shall be governed by and construed in accordance with the laws of the United States and the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. If for any reason a court of competent jurisdiction finds a provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
Complete Agreement
This License constitutes the entire agreement between the parties with respect to the use of the Software, related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment or modification of this License will be binding unless in writing and signed by a duly authorized representative of Alysis Software Corp.
