INSTALLING THE SOFTWARE IS CONSIDERED AS USING SOFTWARE IN THE FOLLOWING LICENSE AGREEMENT THUS YOU AGREED TO BE BOUND BY THE TEMMS OF THE FOLLOWING LICENSE AGREEMENT. READ IT CAREFULLY BEFORE INSTALLATION.
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Orcinus systems Inc. Software License
ORCINUS SYSTEMS INC. ("LICENSOR") IS WILLING TO LICENSE THE ENCLOSED SOFTWARE TO YOU ONLY IF YOU ACCEPT ALL OF THE TERMS IN THIS LICENSE AGREEMENT ("LICENSE"). PLEASE READ THE LICENSE TERMS CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND.
Ownership of the Software
1. The software accompanying this License, whether on disk, on compact disc, in read only memory, or any other media, the related documentation and other materials (collectively, the "Software") are owned by Licensor or its suppliers and are protected by United States copyright laws, by laws of other nations, and by international treaties.
Grant Of License
2. Licensor grants to you the right to use one copy of the Software on a single computer. You may load one copy into permanent memory of one computer and may use that copy, or the enclosed recording medium, only on that same computer. You may not install the software on a network.
3. This license is valid only for use within the Japan and its territories.
Restrictions on Use and Transfer
4. This License allows you to install and use the Software on a single computer at a time.
5. You may not copy the Software, except that you may make one copy of the Software in machine-readable form for backup purposes provided the backup copy contains all copyright information contained on the original.
6. You may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the Software in whole or part or transmit the Software over a network or from one computer to another.
7. Your rights under this License will terminate automatically without notice from Licensor if you fail to comply with any term(s) of this License.
Limited Warranty on Media (and accompanied Hardware)
8. Licensor warrants the media on which the Software is recorded (and any hardware equipment accompanied with the Software) to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Any implied warranties on the Software are limited to 90 days. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
9. Your exclusive remedy under this paragraph will be, at Licensor's option, a refund of the purchase price or replacement of the Software.
10. LICENSOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT LICENSOR'S CHOICE, EITHER (A) REFUND OF THE PRICE PAID OR (B) REPLACEMENT OF THE SOFTWARE THAT DOES NOT MEET LICENSOR'S LIMITED WARRANTY AND WHICH IS RETURNED TO LICENSOR WITH A COPY OF YOUR RECEIPT. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. These remedies are not available outside Japan.
Disclaimer Of Warranty
11. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software is provided 窶廣S IS窶 and without warranty of any kind and Licensor and Licensor's licensor(s) (for the purposes of Sections 11 and 12, Licensor and Licensor's licensor(s) shall be collectively referred to as "Licensor") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, LICENSOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR AN LICENSOR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT LICENSOR OR AN LICENSOR AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE LICENSE FEES FOR THE SOFTWARE REFLECT THIS ALLOCATION OF RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation Of Liability
12. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL LICENSOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR OR AN LICENSOR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS 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 event shall Licensor's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed $50.
13. This Limited Warranty is void if failure of the Software has resulted from modification, accident, abuse, or misapplication.
14. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Export Law Assurances
15. You agree that the Software will not be exported outside Japan except as authorized by Japanese law and United States law. You also agree that Software that has been rightfully obtained outside of Japan shall not be re-exported except as authorized by the laws of Japan and the United States and of the jurisdiction in which the Software was obtained.
Government End Users
16. U.S. Government Restricted Rights. The Software and documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)(ii) and (2) of Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, or in Clause18-52.227-86(d) of the NASA Supplement to the FAR as applicable. Supplier is Orcinus systems Inc. : 827 Central Ave., Suite 305, Dover, NH 03820, U.S.A.
Controlling Law and Severability
17. This Agreement is governed by the laws of the United States and the State of New Hampshire. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
18. If you have any questions concerning this Agreement or wish to contact Licensor for any reason, please write: Orcinus systems Inc. : 827 Central Ave., Suite 305, Dover, NH 03820, U.S.A. or send internet electronic mail to: sales@eworld.com.
Complete Agreement
19. This License constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Licensor.
