THANK YOU FOR PURCHASING THIS SOFTWARE PUBLISHING CORPORATION PRODUCT. PLEASE READ THIS LEGAL AGREEMENT CAREFULLY BEFORE ORDERING THE SOFTWARE. BY ORDERING THE SOFTWARE OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, DO NOT ORDER OR USE THE SOFTWARE.
SOFTWARE LICENSE AGREEMENT
Software Publishing Corporation grants you a non-exclusive, nontransferable license to use this copy of the program and accompanying documentation according to the following terms:
LICENSE
For the software program you may:
a. install the program on only one computer or network server and concurrently have a single user access the program from such network;
b. use as a single concurrent node in a network environment;
c. make one (1) copy of the program in machine readable form solely for backup purposes, provided that you reproduce all proprietary notices on the copy; and
d. physically transfer the program from one computer to another, provided that the program is installed on only one computer at a time.
You may not:
a. use the program on more than one computer or server at a time;
b. modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, or copy (except for the backup copy) the program or the accompanying documentation;
c. rent, transfer or grant any rights in the program or accompanying documentation in any form to any person without the prior written consent of Software Publishing Corporation; or
d. remove any proprietary notices, labels, or marks on the program and accompanying documentation.
This license is not a sale. Title and copyrights to the program, accompanying documentation and any copy made by you remain with Software Publishing Corporation. Unauthorized copying of the program or the accompanying documentation, or failure to comply with the above restrictions, will result in automatic termination of this license and will make available to Software Publishing Corporation other legal remedies.
LIMITED WARRANTY AND DISCLAIMER
Software Publishing Corporation warrants that, for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt, the diskettes on which the program is furnished under normal use will be free from defects in materials and workmanship and the program under normal use will perform without significant errors that make it unusable. Software Publishing Corporation's entire liability and your exclusive remedy under this warranty (which is subject to your returning the program to Software Publishing Corporation or an authorized dealer with a copy of your receipt) will be, at Software Publishing Corporation's option, to attempt to correct or help you around errors with efforts which Software Publishing Corporation believes suitable to the problem, to replace the program or diskettes with functionally equivalent software or diskettes, as applicable, or to refund the purchase price and terminate this Agreement.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, SOFTWARE PUBLISHING CORPORATION MAKES AND YOU RECEIVE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH YOU, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Software Publishing Corporation does not warrant that the operation of the program will be uninterrupted or error free.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY IN NO EVENT WILL SOFTWARE PUBLISHING CORPORATION BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM THE USE OF THE PROGRAM OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF SOFTWARE PUBLISHING CORPORATION OR AN AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
GOVERNMENT RESTRICTED RIGHTS LEGEND
Use, duplication or disclosure by the United States Government is subject to restrictions of Restricted Rights for computer software developed at private expense as set forth in FAR 52.227-19 or DOD FAR Supplement 252.227-7013(c)(1)(ii), and successors thereof, as applicable. Software Publishing Corporation, 3165 Kifer Road, Santa Clara, CA 95051.
GENERAL
This Agreement will be governed by the law of the State of California, without reference to conflict of laws principles.
This Agreement is the entire agreement between us and supersedes any other communications or advertising with respect to the program and accompanying documentation.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
If you have any questions, please contact in writing:
Software Publishing Corporation Customer Service, 3165 Kifer Road, Santa Clara, CA 95051.
