SGN/Starline LIMITED USE SOFTWARE LICENSE AGREEMENT

 

This Limited Use Software License Agreement (the "Agreement") is a legal agreement between you, the end-user, and the SGN/Starline Company. By continuing the installation of this program, by loading or running the program, or by placing or copying the program onto your computer hard drive, you are agreeing to be bound by the terms of this Agreement.

SGN/Starline PROGRAM LICENSE

 

1. Grant of License. SGN/Starline grants to you the right to use the SGN/Starline program (the "Software"). For purposes of this section, "use" means loading the Software into RAM, as well as installation on a hard disk or other storage device. You shall not: rent, lease, sell, distribute for money or other consideration, modify, translate, disassemble, decompile, reverse engineer, or create derivative works based upon the Software. You agree that the Software will not be shipped, transferred or exported into any country in violation of the U.S. Export Administration Act (or any other law governing such matters) and that you will not utilize, in any other manner, the Software in violation of any applicable law.

 

2. Commercial Use is Prohibited: Under no circumstances shall you, the end user, be permitted, allowed or authorized to commercially exploit the Software. Neither you nor anyone at your direction shall do the following acts:

a. Rent the Software;

b. Sell the Software;

  1. Lease the Software;

 

d. Offer the Software on a pay-per-play basis;

  1. Distribute the Software for money or other consideration; or

f. In any manner and through any medium whatsoever commercially exploit the software or use the software for any commercial purpose.;

 

3. Copyright. The Software is owned by the SGN/Starline Company and is protected by United States copyright laws and international treaty provisions. You must treat the Software like any other copyrighted material. You may not charge or receive any consideration from any other person for the receipt or use of the Software without receiving SGN/Starline's prior written consent. You agree to use your best efforts to see that any user of the Software licensed hereunder complies with this Agreement.

 

4. Limited Warranty. SGN/Starline warrants that if properly installed and operated on a computer for which it is designed, the Software will perform substantially in accordance with its designed purpose for a period of ninety (90) days from the date the Software is first obtained by an end-user. SGN/Starline's entire liability and your exclusive remedy shall be, at SGN/Starline's option, either (a) return of the retail price paid, if any, or (b) repair or replacement of the Software that does not meet SGN/Starline's Limited Warranty. To make a warranty claim, return the Software to the point of purchase, accompanied by proof of purchase, your name, your address, and a statement of defect, or return the Software with the above information to SGN/Starline. This Limited Warranty is void if failure of the Software has resulted in whole or in part from accident, abuse, misapplication or violation of this Agreement. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. This warranty allocates risks of product failure between Licensee and SGN/Starline. SGN/Starline's product pricing reflects this allocation of risk and the limitations of liability contained in this warranty.

 

5. NO OTHER WARRANTIES. SGN/STARLINE DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS, IF ANY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM JURISDICTION TO JURISDICTION. SGN/STARLINE DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET LICENSEE'S SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS, EMPLOYEES, DISTRIBUTORS, AND DEALERS OF SGN/STARLINE ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF OF SGN/STARLINE. ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY SGN/STARLINE AND SHOULD NOT BE RELIED UPON.

 

6. Exclusive Remedies. You agree that your exclusive remedy against SGN/Starline, its affiliates, contractors, suppliers, and agents for loss or damage caused by any defect or failure in the Software regardless of the form of action, whether in contract, tort, including negligence, strict liability or otherwise, shall be the return of the retail purchase price paid, if any, or replacement of the Software. This Agreement shall be construed in accordance with and governed by the laws of the State of New Jersey. Copyright and other proprietary matters will be governed by United States laws and international treaties. IN ANY CASE, SGN/Starline SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF SGN/STARLINE OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

7. General Provisions. Neither this Agreement nor any part or portion hereof shall be assigned or sublicensed, except as described herein. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. If you fail to comply with any terms of this Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN SGN/STARLINE AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN SGN/STARLINE AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. 


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Copyright © 1997 The SGN/Starline Company
Last modified: September 03, 1997