IMPORTANT - READ CAREFULLY BEFORE OPENING SOFTWARE PACKET(S). By opening the sealed packet(s) containing the software, you indicate your acceptance of the following Linder Software Systems GbR mbH License Agreement.
SINGLE-USER PRODUCTS
This is a legal agreement between you (either an individual or an entity) and Linder Software Systems GbR mbH. By opening the sealed software packages and/or by using the SOFTWARE, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly return the unopened software packet(s) and the accompanying items (including printed materials and binders or other containers) to the place from which you obtained them for a full refund.
LINDER SOFTWARE SYSTEMS SOFTWARE LICENSE
1. GRANT OF LICENSE. This License Agreement ("License") permits you to use one copy of the specified version of the Linder Software Systems software product identified above, which may include "online" or electronic documentation (the "SOFTWARE") on a single computer. The SOFTWARE 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 except that a copy installed on a network server for the sole purpose of distribution to other computers is not "in use". If the anticipated number of users of the SOFTWARE will exceed the number of applicable Licenses, then you must have a reasonable mechanism or process in place to ensure that the number of persons using the SOFTWARE concurrently does not exceed the number of Licenses. If the SOFTWARE is permanently installed on the hard disk or other storage device of a computer (other than a network server) and one person uses that computer more than 80% of the time it is in use, then that person may also use the SOFTWARE on a portable or home computer.
2. UPGRADES. If the SOFTWARE is an upgrade, you may use or transfer the SOFTWARE only in conjunction with the prior version(s) of the SOFTWARE.
3. COPYRIGHT. The SOFTWARE (including any images, "applets," photographs, animations, video audio, music, and text incorporated into the SOFTWARE) is owned by Linder Software Systems or its suppliers and is protected by Germany copyrights laws, United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording) except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE.
4. OTHER RESTRlCTlONS. You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. If the SOFTWARE is an upgrade, any transfer must include the most recent upgrade and all prior versions. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except to the extent such foregoing restriction is expressly prohibited by applicable law.
5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE in more than one medium. Regardless of the type or size of medium you receive, you may use only the medium appropriate for your single-user computer. You may not use the other medium on another computer on loan, rent, lease, or transfer the disks to another user except as part of the permanent transfer (as provided above) of all SOFTWARE and printed materials, nor print copies of any user documentation provided in "online" or electronic form.
6. INSTALLATION SOFTWARE. If the SOFTWARE is a Linder Software Systems installation product, then you have a royalty-free right to distribute the installer of the SOFTWARE. Linder Software Systems grants you a royalty-free right to distribute the installer of the SOFTWARE provided that you: (a) distribute the run-time modules only in conjunction with and as a part of your software product; (b) do not use Linder Software Systems name, logo, or trademark to market your software product; (c) include a valid copyright notice on your software product; and (d) agree to indemnify, hold harmless, and defend Linder Software Systems and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your software product. The "run-time modules" are those files in the SOFTWARE that are identified in the accompanying printed materials as required during execution of your software program. The run-time modules are limited to run-time and database drivers files. If required in the SOFTWARE documentation, you agree to display the designated patent notices on the packaging and in the README file of your software product.
LIMITED WARRENTY
LIMITED WARRANTY. Linder Software Systems warrants that the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of receipt. Any implied warranties on the SOFTWARE are limited to thirty (30) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
CUSTOMER REMEDIES. Linder Software Systems and its suppliers entire liability and your exclusive remedy shall be, at Linder Software Systems option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE that does not meet Linder Software Systems Limited Warranty and which is returned to Linder Software Systems with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product services offered by Linder Software Systems are available without proof of purchase from an authorized non-U.S. source.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Linder Software Systems suppliers disclaim all other warranties, either express or implied, including warranties of merchantability and fitness for a particular purpose, with regard accompanying printed materials. This limited warranty gives you specific legal which vary from state/jurisdiction to state/jurisdiction.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Linder Software Systems or its suppliers be liable for any 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 this Linder Software Systems product, even if Linder Software Systems has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
RESTRICTED RIGHTS
Should you have any questions concerning this Agreement or if you desire to contact Linder Software Systems for any reason, please contact the Linder Software System subsidiary serving your country, or write: Linder Software Systems GbR mbH, Germany, 101737.2760@compuserve.com. ATTENTION: Use of the software program on the enclosed disks is subject to the terms of the Linder Software Systems License Agreement printed on the license card. You should not open this packet until you have read the Linder Software Systems License Agreement. By opening this packet, you signify that you have read the Linder Software Systems License Agreement and accept its terms.
REMINDER NOTE:
When you get a new computer, you have a choice to make concerning your Linder Software System software.
You may setup your software on your new computer if you delete it from your old computer. - OR -
If you leave your software on your old computer, you need to purchase additional software for your new computer.
