This is a legal agreement between you (an individual or an entity), the end user, and Micrografx, Inc. If you do not agree to the terms of this Agreement, promptly return the disk package and accompanying items (including written materials and binders or other containers) to the place you obtained them for a full refund.
License
1. Grant of License. This Micrografx Software License Agreement ("License") permits you to use one copy of the Micrografx software product ("Software") on any single computer, provided the Software is in use on only one computer at any time. If you have multiple Licenses for the Software, then at any time you may have as many copies of the Software in use as you have Licenses. The Software is "in use" in a computer when it is loaded into the temporary memory (i.e., RAM) or is installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. However, a copy installed on a network server for the sole purpose of distribution to other computers is not "in use." If the anticipated number of users of the Software will exceed the number of applicable Licenses, you must have a reasonable mechanism or process in place to assure that the number of persons using the Software concurrently does not exceed the number of Licenses. If the Software is permanently installed on the hard disk or other storage device of a computer (other than a network server), then the person authorized to use such computer also may use the Software on a portable computer, laptop, and home computer. If such person's authorization to use such computer ceases for any reason (e.g. termination of employment), then such person's authority to use the software on a portable computer, laptop, and home computer shall cease.
2. Copyright. The Software is owned by Micrografx or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material (e.g., a book or musical recording),
except that you may either (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy written materials accompanying the Software.
3. Other Restrictions. This License is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent or lease the Software, but you may transfer your rights under this License on a permanent basis provided that you transfer this License, the Software and all accompanying written materials, you retain no copies, and the recipient agrees to the terms of this License. You may not decompile, or disassemble the Software. If the Software is an update, any transfer must include the update and all prior versions.
4. Multiple Media Software. If the Software package contains both 3.5" and 5.25" disks, or other media, then you may use only the media appropriate for your single designated computer or network server. You may not use the other media on another computer or computer network, or loan, rent, lease, or transfer them to another user except as part of a transfer or other use expressly permitted by this License.
Limited Warranty
5. Limited Warranty. Micrografx warrants that the Software will perform substantially in accordance with the accompanying written materials and will be free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of receipt. Any implied warranties on the Software are limited to ninety (90) days. Some states do not allow limitations on the duration of an implied warranty, so the above limitations may not apply to you. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.
6. Customer Remedies. Micrografx's entire liability and your exclusive remedy shall be, at Micrografx's option, either (a) return of the price paid or (b) repair or replacement of the Software that does not meet Micrografx's Limited Warranty and that is returned to Micrografx with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services offered by Micrografx are available for this U.S.A. version product outside the United States of America.
7. No Other Warranties. Micrografx disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the Software, the accompanying written materials, and any accompanying hardware.
8. No Liability for Consequential Damages. In no event shall Micrografx or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use the Software, even if Micrografx has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitations of consequential or incidental damages, the above limitations may not apply to you.
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 as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause as DFARS 252.227-7013 or subparagraphs (c) (1), (2) and (3) of the Commercial Computer Software -- Restricted Rights at 48 CFR 52.227-19, as applicable, and any amendments thereto. Contractor/manufacturer is Micrografx, Inc., 1303 Arapaho Rd., Richardson, TX 75081.
This Agreement is governed by the laws of the State of Texas.
For more information about Micrografx's licensing policies, please call Micrografx Customer Service at 1-800-733-3729 or write: Micrografx Customer Sales and Service, 1303 Arapaho Rd., Richardson, TX 75081.
