Carefully read all the terms and conditions of this agreement prior to installing this program. Installing this program indicates your acceptance of these terms and conditions. ERICOM SOFTWARE Ltd. (hereinafter ERICOM) as developed the computer software program known as POWERTERM and the related documentation; referred to as the "Program", and licenses its use to the licensee ("you").
LICENSE:
ERICOM grants you a personal, non transferable non-exclusive license to use the Program on the licensed number of CPUs indicated on the invoice issued by ERICOM or its authorized dealers/distributors. You may not derive any source code form the Program. You may not use, distribute, copy, modify, alter the Program or documentation to others except as expressly provided in this Agreement.
COPYRIGHT:
You agree that the Program, documentation, trade-names and trademarks are copyrighted or trademarked. You agree to exercise due care and diligence under this Agreement to protect the interests and rights of ERICOM and its suppliers. You may not copy the Program or the documentation except to backup the Program and to load the Program onto the licensed number of CPUs. You may not transfer the Program or the documentation to any person not a party of this Agreement. All other copies of the Program and the documentation are in violation of this Agreement.
BACKUP:
You may keep one copy of the Program solely for backup purpose. You must label the backup copy to include the copyright and trademark notices, the Program name, version number and serial number.
TERM:
This license is effective until terminated. You may terminate it by destroying the Program and documentation and all copies. This license will terminate if you fail to comply with any term and condition of this Agreement. You agree upon such termination to destroy all copies of the Program and documentation.
LIMITED WARRANTY:
THE PROGRAM AND MANUALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PROGRAM IS ASSUMED BY YOU. SHOULD THE PROGRAM PROVE DEFECTIVE YOU (AND NOT ERICOM OR ITS DEALERS OR ITS SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. FURTHER, ERICOM DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OR THE USE OR THE PROGRAM IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE; AND YOU RELY ON THE PROGRAM AND RESULTS SOLELY AT YOUR OWN RISK.
ERICOM warrants to the original licensee that the disk(s) on which the Program is recorded are free from defects in materials and workmanship under normal use and service for a period of thirty days from he date of delivery as provided by a copy of your invoice. ERICOM entire liability and your exclusive remedy shell be replacement of the disk not meeting ERICOM's Limited Warranty in which is returned to ERICOM with your invoice. If failure of the disk has resulted from accident, abuse or malapplication of the product, then ERICOM shell have no responsibility to replace the disk under the Limited Warranty.
The above is the only warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose that is made by ERICOM product. Neither ERICOM nor anyone else who has been involved in the creation, production or delivery of this Program shell be liable for any direct, indirect consequential or incidental damages arising out of the use, the results of use or inability to use such product even if ERICOM has been advised of possibility for consequential or incidental damages or claim arising out of or in connection with the Product, whether made or suffered by you or another person and whether based in contract or tort.
Because it is impossible for ERICOM to know the purposes for which you acquired this Product or the uses to which you will put this Product, you assume full responsibility for the selection of the Product, and for its installation and use and results of that use.
While every reasonable effort has been made to ensure that you will receive a product that you can use and enjoy, ERICOM does not warrant that the functions of the Product will meet your requirements or that the operation of the product uninterrupted or error-free. Due to the complex nature of computer programs, the Product in this package (like all large programs) will probably never be completely error-free.
This Limited Warranty does not cover any diskette which has been the subject of abuse or damage, nor does it cover any product which has been altered or changed by anyone other than ERICOM.
ERICOM is not responsible for problems cause by changes in the operating characteristics of the hardware or operating system software you are using which are made after the release date of this version of the Product, nor for problems in the interaction of the Product with any other software No action for breach of warranty my be commenced more than 1 (one) year following the expiration date of the above Limited Warranty.
GOVERNING LAW:
This agreement shell be governed by the law as may be required to protect the legitimate interests of ERICOM, its successors, administrators, heirs and assigns.
ACKNOWLEDGMENT:
You acknowledge that you have read this Agreement , understand it, an agree to be bound by its terms and conditions. You also agree that this agreement is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, verbal or written, and any other communications between the parties relating to the subject matter of this Agreement.
