Read this entire agreement before you complete the installation of the software. Completing the software installation indicates that you accept these terms and conditions. If you do not agree with any of the terms and conditions, you may return the licensed software to the place you obtained it for a full refund, so long as the software has not been installed on any of your computer systems.
1. License Grant
A. St. Bernard Software, Inc. ("St. Bernard") grants to you a non-exclusive license to use and install the machine readable software included in this package ("Licensed Software") on personal computers ("PC's"). The total number of PC's on which the Licensed Software is installed at any one time may not exceed the number of licenses you have purchased. You may also make a backup copy of the Licensed Software, however, you must reproduce all confidential, proprietary, patent, copyright and/or trademark notices contained on the original.
B. Title to all copies of the Licensed Software will at all times reside exclusively with St. Bernard and/or its licensors.
C. You have no other rights to the Licensed Software. This means that you may not create derivative works of the Licensed Software, or attempt to decompile or reverse engineer the Licensed Software.
D. You may transfer your copies of the Licensed Software to another person, provided the other person receives a copy of this Agreement and agrees to be bound by its terms and conditions, and provided you at all times comply with all applicable United States export control laws and regulations.
2. Limited Warranty
A. For a period of sixty (60) days from the date the Licensed Software is delivered to you, the Licensed Software will substantially conform to the functionality described in the accompanying documentation.
B. The Licensed Software is not warranted to be free from error, or to operate uninterruptedly.
C. If, during the 60-day warranty period, you notify the party who sold you the package containing the Licensed Software that the Licensed Software does not substantially conform to the functionality described in the accompanying documentation, that party will, at its option, either replace the Licensed Software or fully refund the purchase price you paid for the package. If a refund is made, you will deliver to the refunding party the media containing the original Licensed Software, and certify to that party that you have de-installed the Licensed Software and erased or destroyed your one backup copy.
D. The express warranty set forth in paragraph 2.A is in lieu of all other express warranties. ALL OTHER EXPRESS AND IMPLIED WARRANTIES ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
E. All warranties and representations made by persons other than St. Bernard, including, but not limited to, distributors, dealers and other resellers of St. Bernard, are also disclaimed.
F. Greater Warranty Rights: Some states do not allow limitations on how long an implied warranty lasts, and so the limitations described in paragraph 2.D may not apply to you.
G. The express warranty set forth in paragraph 2.A will be void if you fail to properly use the Licensed Software in the appropriate environment, as specified in the accompanying documentation.
3. General Provisions
A. LIMITATION OF LIABILITY. IN NO EVENT WILL ST. BERNARD BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THIS AGREEMENT. IN ADDITION, ST. BERNARD'S LIABILITY TO YOU FOR DIRECT DAMAGES WILL IN NO EVENT EXCEED THE TOTAL AMOUNT OF MONEY YOU ACTUALLY PAID FOR THE LICENSED SOFTWARE.
B. Greater Damage Rights. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
C. U.S. Government Restricted Rights. The Licensed Software and accompanying documentation are provided with Restricted Rights. You agree to meet all requirements necessary to ensure that such rights will be honored by the Federal Government. Disclosure, use or reproduction of the Licensed Software and Licensed Documentation are subject to restrictions set forth in the Commercial Computer-Restricted Rights clause at Federal Acquisition Regulation 52.227-19, when applicable, or in the Department of Defense Federal Acquisition Regulations Supplement 252.227-7013.
D. Severability. If any provision of this Agreement is held invalid by any law, rule, order or regulation of any government, or by the final determination of any state or federal court, such invalidity will not affect the enforceability of any other provisions not held to be invalid.
E. Governing Law. This Agreement will be governed by the laws of the State of California.
F. Entire Agreement. This Agreement constitutes the entire agreement of the parties as to the subject matter hereof, and supersedes any and all prior oral and written understandings and agreements as to that subject matter.
