NOTICE: THE FOLLOWING IS A LEGAL AGREEMENT. PLEASE READ IT CAREFULLY. INSTALLATION OR USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST (i) IMMEDIATELY CEASE USING THE SOFTWARE, (ii) DESTROY ALL COPIES OF THE SAME, INCLUDING ANY COPIES STORED ON YOUR HARD DRIVE AND ANY ARCHIVAL COPIES, AND (iii) FOLLOW THE PROCEDURES ESTABLISHED BY THE DEALER OR DISTRIBUTOR FROM WHOM YOU OBTAINED THE SOFTWARE TO OBTAIN A FULL REFUND.
LICENSE GRANT. Grisoft, Inc. ("Grisoft") grants you a nonexclusive, non-transferable right and license to use the Software, as follows:
1. You may install and use only one copy of the Software on a single computer at any one time;
2. You may use the Software on a network provided that you have purchased a license for each computer that can assess the Software over that network;
3. If any user of a licensed copy of the Software is the primary user of more than one computer (such as an office and home computer), the Software may be installed and used on each such computer so long as the Software is never used on more than one of the computers at the same time; and
4. You may make a reasonable number of back-up copies of the Software to be used only to replace an unusable copy of the Software.
COPYRIGHT. The Software is proprietary to Grisoft and its licensors. Grisoft and its licensors retain all copyrights, trade secret rights, patents, trademarks and any other proprietary rights relating to the Software. Except as expressly provided in the License Grant above, you may not copy, reproduce, alter, modify, decompile, disassemble, reverse engineer, or create derivative works based on, the Software. All rights not expressly granted are reserved. Any copy of the Software which you are permitted to make under this Agreement must include all of the copyright and other notices appearing in the original copy of the Software.
RESTRICTIONS ON TRANSFER. This license is personal to you, and neither your rights hereunder nor any copy of the Software, may be sold, assigned, distributed, transferred or sublicensed to any other person, in any media (including electronic media), without the prior written consent of Grisoft. Any transfer in violation of this section will be null and void and will automatically terminate your right to use or possess the Software.
UPDATED VERSIONS. The Software may be updated from time to time by Grisoft in its sole discretion. You may obtain such updated versions of the Software from Grisoft on the terms agreed upon by Grisoft and you. Such updated versions of the Software are expected to operate more accurately and effectively. You acknowledge that you are responsible for purchasing, downloading and installing such updated versions of the Software.
60 DAY MONEY BACK GUARANTEE. If you are dissatisfied with the Software for any reason, provided you cease using the Software and destroy all copies of the same, including any copies stored on your hard drive and any archival copies, you may obtain a full refund by submitting to the dealer from whom you obtained the Software a software removal certificate (shown below) at any time during the sixty (60) day period following delivery to you of the Software.
LIMITED WARRANTY. Grisoft warrants that, for sixty (60) days from the date of delivery of the Software to you, the Software will perform substantially in accordance with its applicable documentation. GRISOFT DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR THAT THE SOFTWARE WILL BE ERROR-FREE. THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow limitations on an implied warranty, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to sixty (60) days from the day of delivery to you. This warranty gives you specific legal rights. You may have other rights which vary from state to state.
LIMITATION OF LIABILITY. IN NO EVENT WILL GRISOFT OR ITS LICENSORS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF GRISOFT OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GRISOFT'S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF THE LICENSE FEES ACTUALLY PAID BY YOU IN RESPECT OF THE COPY OF SOFTWARE GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some states do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitations may not apply to you.
NOTICE TO U.S. GOVERNMENT END USERS. The Software and any accompanying documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government or its contractors is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or any successor regulation or as set forth in the particular department or agency regulations or rules which provide Grisoft or its licensors with protection equivalent to or greater than that clause.
GOVERNING LAW AND GENERAL PROVISIONS. This Agreement will be governed by the laws in force in the State of California, excluding the application of its conflicts of law principles. If any part of this Agreement is found void or unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Grisoft.
If you would like additional information about this license agreement or Grisoft, visit Grisoft's web site at: www.grisoft.com, or send an E-mail to Grisoft at: webmaster@grisoft.com.
