©2004 Leptonic Systems Inc.
Software and User Guide
by Michael C. O'Connor
PO Box 92
Cold Spring Harbor, NY 11724
Email: lepton@leptonicsystems.com
Internet: <http://www.leptonicsystems.com>
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT TO DETERMINE WHETHER YOU AGREE TO BE BOUND BY ITS PROVISIONS.
THIS SOFTWARE PROGRAM ("SOFTWARE") IS A PROPRIETARY PRODUCT OF LEPTONIC SYSTEMS INC. AND IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL TREATY. USE OF THIS SOFTWARE IS GOVERNED BY THIS LICENSE AGREEMENT AND APPLICABLE LAW INCLUDING COPYRIGHT LAW.
THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN THE USER OF THIS SOFTWARE AND LEPTONIC SYSTEMS. INSTALLING THE SOFTWARE INDICATES THAT YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, PROMPTLY RETURN THE COMPLETE SOFTWARE PACKAGE TO THE PLACE WHERE YOU OBTAINED IT, FOR A FULL REFUND.
1. Grant of License. Leptonic Systems grants you a non-exclusive license for the use of the Software as follows. You may install the Software on multiple computers, provided that only one copy is in use at a time.
If the Software is to be used by more than one user at a time, you must purchase a number of copies of the Software equal to the number of simultaneous users.
2. Copy Restrictions. Ownership of the legal rights contained in the Software and the associated documentation shall remain solely with Leptonic Systems Inc. These may include trade secret, trademark, copyright, patent, international treaty and other rights as applicable. You may not sublicense, rent, lease, create derivative works or otherwise distribute the Software. You may make an archival copy of the Software and electronic documentation. You may permanently transfer the complete Software and accompanying materials by delivering the original Software and materials to a third party who accepts the terms and conditions of this Agreement, and by simultaneously destroying all copies of the Software and accompanying materials in your possession. Such a transfer terminates your license to use the Software.
3. Export Control. The Software may be subject to United States export control. You agree to fully comply with all applicable United States export regulations.
4. U.S. Government Restricted Rights. If you are purchasing the Software on behalf of the United States Government or any unit or agency thereof, you acknowledge that the Software and accompanying materials were developed at private expense and that no part is in the public domain and that the Software and documentation are provided with restricted rights.
5. Disclaimer of Warranties. Leptonic Systems Inc. does not warranty that the Software will meet your requirements, that the operation of the Software will be uninterrupted or error-free. THERE ARE NO OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE OR ACCOMPANYING MATERIALS. LEPTONIC SYSTEMS INC. DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING FROM TRADE USAGE OR COURSE OF DEALING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LEPTONIC SYSTEMS INC., ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.
6. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY IN CERTAIN STATES/JURISDICTIONS. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW OR THIRTY (30) DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY STATE/JURISDICTION.
7. IN NO EVENT WILL LEPTONIC SYSTEMS INC. BE LIABLE TO YOU FOR DAMAGES, WHETHER BASED ON CONTRACT, TORT, WARRANTY OR OTHER LEGAL OR EQUITABLE GROUNDS, INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE, EVEN IF LEPTONIC SYSTEMS, OR AN AUTHORIZED REPRESENTATIVE OF LEPTONIC SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Leptonic Systems' entire liability and your exclusive remedy shall be to return the price paid for the Software, provided that you provide a copy of your purchase receipt, except if the failure of the Software has resulted from accident, abuse or misapplication. In no event shall Leptonic Systems' liability exceed the purchase price of the Software. Some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, therefore, the above limitations may not apply to you.
8. This Agreement is governed by the laws of the State of New York.
Myallo™ and Interest Profile™ are trademarks of Leptonic Systems Inc. Apple, Macintosh, Mac, Macintosh, Spotlight, and Tiger are trademarks of Apple Computer, Inc. All other commercial marks are the property of their respective owners.