PLEASE READ THIS DOCUMENT CAREFULLY BEFORE REGISTERING MACWISE. BY REGISTERING MACWISE,YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE. DO NOT REGISTER MACWISE.
The enclosed computer program (ﾒSoftwareﾓ) is licensed, not sold, to you by Carnation Software. Inc. for use only under the following terms, and Carnation Software, Inc. reserves any rights not expressly granted to you. You own the disk on which any Software is recorded, but Carnation Software retains ownership of all copies of the Software itself.
1. License. This License allows you to:
(a) Use the MacWiseｪ Software only on a single Macintosh. You must obtain a supplementary license from Carnation software, Inc. before using the software on more than one Macintosh.
(b) Make one copy of the Software in machine readable form; provided that such copy or the original may be used solely for backup purposes.The Software is protected by copyright law. As an express condition of this License, you must reproduce on each copy the Carnation software, Inc. copyright notice and any other proprietary legends on the original copy supplied by Carnation software, Inc. This restriction on copying the Software expires upon the expiration of all underlying copyrights.
(c) Transfer the Software and all rights under this License to another party together with a copy of this License and all written materials accompanying the Software, provided you give Carnation software, Inc. written notice of the transfer and the other party reads and agrees to accept the terms and conditions of this License.
2. Restrictions. You may NOT distribute copies of the Software to others or electronically transfer the Software from one computer to another over a network.The Software contains trade secrets and to protect them you may NOT decompile, reverse engineer disassemble, or otherwise reduce the Software to a human perceivable form.YOU MAY NOT MODIFY, ADAPT, TRANSFER, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, NETWORK, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
3. Termination. This License is effective until terminated.This License will terminate immediately without notice from Carnation software, Inc. if you fail to comply with any of its provisions. Upon termination you must destroy the Software and all copies thereof and you may terminate this License at any time by doing so.
4. Export Law Assurances. You agree that neither the Software nor any direct product thereof will be transferred or re-exported, directly or indirectly, into any country prohibited by the U.S. Export Administration Act and the regulations thereunder or will be used for any purpose prohibited by the Act.
5. Warranty Disclaimer Limitation of Remedies and Damages. THIS SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS ARE LICENSED ﾒAS ISﾓ. IN NO EVENT WILL CARNATION SOFTWARE, INC. OR ITS DEVELOPERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION. LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS EVEN IF CARNATION SOFTWARE, INC. OR AN AUTHORIZED CARNATION SOFTWARE, INC. REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CARNATION SOFTWARE, INC. DOES NOT WARRANT THAT THE SOFTWARE WILL FUNCTION PROPERLY IN YOUR MULTI-USER ENVIRONMENT.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTlAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Carnation software, Inc. liability to you for actual damages for any cause whatsoever, and regardless of the form of the action, will be limited to the greater of $95 or the money paid for the Software that caused the damages. After this software has been registered, no returns will be accepted.
6. General. If you are a U.S. Government end-user, this license of the Software conveys only ﾒRESTRICTED RIGHTSﾓ and its use, disclosure and duplication are subject to Federal Acquisition Regulations, 52.227-7013 (c) (I)(ii). This License will be construed under the laws of the state of Washington, except for that body of law dealing with conflicts of law, if obtained in the U.S., or the laws of jurisdiction where obtained if obtained outside the U.S. If any provision of this License is held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect.
