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License and Royalty Agreements
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1.4 License Agreement.
1.4.1 License
Touchstone Business Creations ("Touchstone") grants you
a non-exclusive license of unlimited duration to use the
Touchstone Software Programs, Documentation and Permitted
Copies ("Software") as specified in the agreement. This
agreement specifically does not grant you any rights to patents,
copyrights, trade secrets and trademarks.
1.4.2 Runtime
You may distribute the Software in your executable programs
without any additional license from Touchstone provided that no
part of the software can be separated in whole or in part from
your executable program. You may not distribute the Software as
part of a Runtime Link Library ("RTL"), a Dynamic Link Library
("DLL") or a similar runtime system.
1.4.3 Copyright
You acknowledge and agree that the Software (including
permitted copies) is owned by Touchstone and its suppliers.
This Software is protected by United States copyright law and
international treaty provisions. You agree to safeguard the
Software as copyrighted material.
1.4.4 Permitted Use
You may use the Software on a single computer or terminal at a
time. Each user of the Software must have their own licensed copy.
Provided the copy is exact (including copyright notices and serial
numbers) you may make copies of the diskette(s) for backup or
achival purposes only. We recommend that you do this. In addition
you may transfer one copy of the information on the diskette(s) to
a single hard disk provided that you keep and use the original
diskette(s) solely for backup or archival purposes. You may
transfer your rights under this agreement on a permanent basis
provided that you transfer all the Software and the recipient
agrees to the terms of this agreement. Any transfer must include
the most recent update and all prior versions. Transfer of
out-of-date or obsolete versions of the software is expressly
prohibited.
1.4.5 Restrictions on use
You may not network the Software or otherwise use it on
more than one computer or terminal at the same time.
You may not loan, sublicense, rent, lease, sublease, or otherwise
transfer any right to use the Software.
You may not make copies of the Software, or any portion thereof,
except as specifically provided in this agreement. You may not
reproduce, transmit, transcribe, store in a retrieval system, or
translate into any language the Software or any part thereof.
You may not, under any circumstances, copy the documentation
supplied with the Software.
You may not disassemble, decompile, reverse engineer or create
derivative works based on the software or any portion therof.
You acknowledge that the structure and organization of the
Software are the valuable trade secrets of Touchstone.
You agree to hold such trade secrets in confidence.
1.4.6 Limited warranty
The software is provided "as is" and without warranty of
any kind.
Touchstone does warrant the diskette(s) on which the Software is
recorded shall be free from defects in materials and workmanship
under normal use and service for a period of thirty days from date
of delivery of this package as evidenced by a copy of your receipt.
To execise your rights under this warranty you must return the
defective material to Touchstone at your expense within the
warranty period or first notify Touchstone in writing within the
warranty period that you have found a defect and return the
material immediately thereafter to Touchstone at your expense.
Touchstone's liability and your exclusive remedy and sole measure
of recoverable damages under the foregoing warranty for any
diskettes which are determined to be defective shall be,
at Touchstones options (1) return of the price paid, or (2)
repair or replacement of the defective materials. In the event
of replacement of a diskette, the replacement will be warranted
for the remainder of the thirty days or fourteen days, whichever
is longer.
THIS WARRANTY AS SET FORTH ABOVE IS THE ONLY WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
ORIGINALITY OR FITNESS OF A PARTICULAR PURPOSE.
1.4.7 Limitation of liability
NEITHER TOUCHSTONE NOR ANYONE WHO HAS BEEN INVOLVED IN THE
CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE SHALL BE LIABLE
FOR ANY LOST PROFITS OR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL,
EXEMPLARY OR SPECIAL DAMAGES OR COSTS (INCLUDING LEGAL EXPENSES,
OR LOSS OF GOODWILL) ARISING OUT OF OR RELATING TO THE USE OF,
THE RESULTS OF, OR THE INABILITY TO USE THE SOFTWARE, EVEN IF
TOUCHSTONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR CLAIM.
1.4.8 Indemnity
You agree to indemnify and defend Touchstone from and against
any and all claims, suits, damages, and expenses (including legal
expenses) brought against or suffered by Touchstone Business
Creations as a result of and failure or malfunctions of an
application within which or into which you have compiled or
incorporated the Software and/or the Software runtime modules.
1.4.9 US Government Restricted Rights
The Software and documentation are supplied with restriced
rights. Use, duplications or a 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 at 48 CFR
52.227-19, as applicable. Contractor/manufacturer is
Touchstone Business Creations, 28613 River Glen Ct. #1,
Menifee, CA 92584-8987.
1.4.10 Updates
Touchstone reserves the right, at its sole discretion, to
change, modify or update the Software at any time without the
obligation of notifying anyone. Touchstone reserves the right
to offer updates to the Software either free of charge or for
an additional charge. In order to be eligible to obtain updates
or information on updates you must complete and return the
supplied registration card to Touchstone.
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