SOFTWARE LICENSE AGREEMENT FOR ELECTRIC RAIN SOFTWARE
IMPORTANT-READ CAREFULLY: This Electric Rain Software License Agreement ("SLA") is a legal agreement between you (either an individual or a single entity) and Electric Rain for the Electric Rain SOFTWARE PRODUCT (herein referred to as SOFTWARE PRODUCT), which includes computer software and associated media and printed materials, and may include "online" or electronic documentation. By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this SLA. If you do not agree to the terms of this SLA, promptly return the unused SOFTWARE PRODUCT to the place from which you obtained it 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 SLA grants you the following rights:
a. This SOFTWARE PRODUCT may be installed on more than one
computer, but it may only be used on a single computer at
any one time. It may not be used at more than one location
at any time. It may not be run by more than one person at
any one time, even if copied to a network file server. The
SOFTWARE PRODUCT is in "use" on a computer when it is loaded
into temporary memory (i.e., RAM) or installed into permanent
memory (e.g., hard disk, CD-ROM, or other storage device) of
that computer.
b. Solely with respect to electronic documents included with the
SOFTWARE, you may make an unlimited number of copies (either
in hardcopy or electronic form), provided that such copies
shall be used only for internal purposes and are not
republished or distributed to any third party.
2. UPGRADES. If the SOFTWARE is an upgrade, whether from Electric
Rain or another supplier, you may use or transfer the SOFTWARE
only in conjunction with upgraded product. If the SOFTWARE
is an upgrade from a Electric Rain product, you may now use that
upgraded product only in accordance with this SLA.
3. COPYRIGHT. All title and copyrights in and to the SOFTWARE
PRODUCT (including but not limited to any images,
photographs, animations, 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 Electric Rain or its suppliers.
This software may be copied solely for backup or archival
purposes. You may not copy the printed materials
accompanying the SOFTWARE PRODUCT.
4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a. You may not reverse engineer, decompile, or disassemble,
remove notices and identification in or on the SOFTWARE
PRODUCT.
b. The SOFTWARE PRODUCT is licensed as a single product and
neither the software programs comprising the SOFTWARE
PRODUCT or any UPDATE may be separated for use by more
than one user at a time.
c. You may not rent, lease, or loan the SOFTWARE PRODUCT.
d. You may permanently transfer all of your rights under
this SLA, provided that you retain no copies, you
transfer all of the SOFTWARE PRODUCT (including all
component parts, the media and printed materials), any
upgrades, and this SLA, and the recipient agrees to the
terms of this SLA. If the SOFTWARE PRODUCT is an upgrade,
any transfer must include all prior versions of the
SOFTWARE PRODUCT.
e. Without prejudice to any other rights, Electric Rain may
terminate this SLA if you fail to comply with the terms and
conditions of this SLA. In such event, you must destroy
all copies of the SOFTWARE PRODUCT. Violators of this
agreement are subject to Federal or International
Copyright Law penalties and remedies.
LIMITED WARRANTY
Electric Rain warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the product documentation. Electric Rain's only obligation will be to correct such operational errors so that the product performs as stated in thedocumentation.
CUSTOMER REMEDIES
Electric Rain's and its suppliers' entire liability and your exclusive remedy shall be, at Electric Rain's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Electric Rain's Limited Warranty and which is returned to Electric Rain with a copy of your 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 the United States, neither these remedies nor any product support services offered by Electric Rain are available without proof of purchase from an authorized international source.
NO OTHER WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELECTRIC RAIN AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT.
