NOTICE: MGI SOFTWARE CORP. (MGI) LICENSES THE ENCLOSED SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, THEN MGI IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, IN WHICH EVENT YOU SHOULD RETURN THE FULL PRODUCT WITH PROOF OF PURCHASE TO THE DEALER FROM WHOM IT WAS ACQUIRED WITHIN SIXTY DAYS OF PURCHASE, AND YOUR MONEY WILL BE REFUNDED.
LICENSE AND WARRANTY:
The software which accompanies this license (the "software") is the property of MGI or its licensors and is protected by copyright law. While MGI continues to own the Software, you will have certain rights to use the Software after your acceptance of this license. Except as otherwise expressly provided, MGI grants no express or implied right under MGI patents, copyrights, trademarks or other MGI intellectual property rights. Except as may be modified by license addendum which accompanies this license, your rights and obligations with respect to the use of this Software are as follows:
You may:
(I) use one copy of the Software on a single computer; if the media which you received in this package contains more than one language version of the Software and/or multiple Software titles, you are only licensed for one language version per Software title contained on the media (you may not make copies of different language versions) and you may not transfer such other versions to another person or allow another person to use such other versions;
(II) make one copy of the Software for archival purposes, or copy the software onto the hard disk of your computer and retain the original for archival purposes;
(III) use the Software on a network, provided that you have a licensed copy of the Software for each computer that can access the Software over that network;
(IV) after written notice to MGI, transfer the Software on a permanent basis to another person or entity, provided that you retain no copies of the Software and the transferee agrees to the terms of this agreement; and
(V) if a single person uses the computer on which the Software is installed at least 80% of the time, then after returning the completed product registration card which accompanies the Software, that person may also use the Software on a single home computer.
You may not:
(I) copy the documentation which accompanies the Software;
(II) sublicense, rent or lease any portion of the Software;
(III) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software; or
(IV) use a previous version or copy of the Software after you have received a disk replacement set or an upgraded version as a replacement of the prior version, unless you donate the previous version of an upgraded version to a charity of your choice, and such charity agrees in writing that it will be the sole end user of the product, and that it will abide by the terms of this agreement. Unless you so donate a previous version of an upgraded version, upon upgrading the Software, all copies of the prior version must be destroyed.
Limited Warranty:
MGI warrants that the media on which the Software is distributed will be free from defects for a period of sixty (60) days from the date of delivery of the Software to you. Your sole remedy in the event of a breach of this warranty will be that MGI will, at its option, replace any defective media returned to MGI within the warranty period. MGI does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.
THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
Disclaimer of Damages:
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL MGI BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF MGI 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 CASE SHALL MGI'S LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE. The disclaimers and limitations set forth above will apply regardless of whether you accept the software.
Termination of this Agreement:
MGI may terminate this Agreement at any time if you violate its terms. Upon termination you will immediately destroy the Software or return all copies of the Software to MGI.
U.S. Government Restricted Rights:
RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, as applicable, MGI Software Corp., 50 West Pearce Street, Richmond Hill, Ontario, L4B 1E3 Canada.
General:
This Agreement will be governed by the laws of the Province of Ontario, Canada excluding its principles of conflicts of laws and excluding the United Nations Convention on Contracts for the International Sale of Goods. You may not export the Software in violation of applicable export laws and regulations. This Agreement may only be modified by a license addendum which accompanies this license or by a written document which has been signed by both you and MGI. Should you have any questions concerning this Agreement, or if you desire to contact MGI for any reason, please write: MGI Customer Sales and Service. MGI Software Corp., 50 West Pearce Street, Richmond Hill, Ontario, L4B 1E3 Canada.
