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, PROMPTLY RETURN THE UNUSED SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT AND YOUR MONEY WILL BE REFUNDED.
1. License. The applications and other software accompanying this License on floppy or compact disks (the "Software") and the related documentation are licensed to you by Evatac Software. You own the disks on which the Software and documentation are recorded but Evatac Software and Evatac Software's Licensers retain title to the Software and related documentation. This License allows you to use the Software and documentation on a single Apple or Be computer and make one copy of the Software and documentation in machine-readable form for backup purposes only. With you computer's printer you may also print one copy of the documentation stored on the disks for personal use only. You must reproduce on such copy the Evatac Software copyright notice and any other proprietary legends that were on the original copy of the Software and documentation. You may also transfer all your license rights in the Software and the fonts, the backup copy of the Software and fonts, the related documentation an
2. Restrictions. The Software contains copyrighted material, trade secrets and other proprietary material. In order to protect them, and except as permitted by applicable legislation, 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 or over a network.
3. 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 thereof. This License will terminate immediately without notice from Evatac Software if you fail to comply with any provision of this License. Upon termination you must destroy the Software and related documentation and all related copies thereof.
4. Export Law Assurances. You agree and certify that neither the Software nor any technical data received from Evatac Software, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software.
5. Government End Users. If you are acquiring the Software and the documentation on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees: (i) if the Software and documentation are supplied to the Department of Defense (DoD), the Software and documentation are classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Software and the documentation as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and (ii) if the Software and documentation are supplied to any unit or agency of the United States Government other that DoD, the Governments rights in the Software and documentation will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR.
6. Limited Warranty on Media. Evatac Software warrants the floppy or compact disks on which the Software and documentation are recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of the receipt. Evatac Software's entire liability and your exclusive remedy will be replacement of the floppy or compact disk not meeting Evatac Software's limited warranty and which is returned to Evatac Software or a Evatac Software authorized representative with a copy of the receipt. Evatac Software will have no responsibility to replace a disk damaged by accident, abuse or misapplication.
ANY IMPLIED WARRANTIES ON THE FLOPPY DISKS OR COMPACT DISC, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
7. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software, related documentation and fonts are provided "AS IS" and without warranty of any kind and Evatac Software and Evatac Software and Evatac Software's Licensers (for the purposes of provisions 7 and 8, Evatac Software and Evatac Software's Licensers shall be collectively referred to as "Evatac Software") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EVATAC SOFTWARE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE, DOCUMENTATION, OR THE FONTS WILL BE CORRECTED. FURTHERMORE, EVATAC SOFTWARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN
8. Limitation of Liability. IN NO EVENT WILL EVATAC SOFTWARE, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF EVATAC SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In no event shall Evatac Software's total liability to you for all damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), exceed the amount paid by you for the Software.
9. Controlling Law and Severability. The License shall be governed by and construed in accordance with the laws of the United States and the Commonwealth of Virginia, as applied to the agreements entered into and to be performed entirely within Commonwealth of Virginia and Virginia residence. If for any reason a court of competent jurisdiction finds any 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.
10. Complete Agreement. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Evatac Software.
