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- Software License Agreement
-
- IMPORTANT: THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN
- INDIVIDUAL OR AN ENTITY) AND INFINITY SOFTWORKS, INC. BY USING
- THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE
- AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS.
- YOU FURTHER AGREE THAT IT IS THE FULL AND COMPLETE AGREEMENT
- BETWEEN US, SUPERSEDING ALL PRIOR WRITTEN OR VERBAL AGREEMENTS
- OF ANY KIND. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE
- TERMS OF THIS AGREEMENT, YOU MUST CEASE USING THIS PRODUCT
- IMMEDIATELY AND PROMPTLY RETURN ALL MATERIALS (INCLUDING
- DISK(S) AND WRITTEN MATERIALS) TO INFINITY SOFTWORKS, INC.
-
- Infinity Softworks, Inc., Software License Agreement
- 1. GRANT OF LICENSE. This License Agreement permits you to
- use one copy of the enclosed Infinity Softworks, Inc., software
- program (the "SOFTWARE") on a single computer. The SOFTWARE is
- in "use" on a computer when it is loaded into temporary memory
- (i.e. RAM) or installed into permanent memory (e.g. hard disk,
- CD-ROM, or other storage device) of that computer. However,
- installation on a network server for the sole purpose of
- internal distribution shall not constitute "use" for which a
- separate license is required, provided you have a separate
- license for each computer to which the SOFTWARE is distributed.
-
- 2. COPYRIGHT. The SOFTWARE is owned by Infinity Softworks,
- Inc., 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 the written materials accompanying
- the SOFTWARE.
-
- 3. OTHER RESTRICTIONS. You may not rent or lease the
- SOFTWARE, but you may transfer the SOFTWARE and accompanying
- written materials on a permanent basis provided you retain no
- copies and the recipient agrees to the terms of this Agreement.
- You may not reverse engineer, decompile, or disassemble the
- SOFTWARE. If the SOFTWARE is an update or has been updated,
- any transfer must include the most recent update and all prior
- versions.
-
- 4. DUAL MEDIA SOFTWARE. If the SOFTWARE package contains
- multiple media such as 3.5" disks and CD-ROM disks, then you
- may use only the disks of the media appropriate for your
- single-user computer. You may not use the disks of the other
- media on another computer or loan, rent, lease, or transfer
- them to another user except as part of the permanent transfer
- (as provided above) of all SOFTWARE and written materials.
-
- Limited Warranty
- LIMITED WARRANTY. This program is provided "as is" without any
- warranty of any kind, either expressed or implied, including,
- but not limited to, the implied warranties of merchantability
- and fitness for a particular purpose. The entire risk as to
- the quality and performance of the SOFTWARE is with you, the
- licensee. Should the SOFTWARE prove defective, you assume the
- risk and liability for the entire cost of all necessary repair,
- service, or correction. Some states/jurisdictions do not allow
- the exclusion of implied warranties, so the above exclusion may
- not apply to you. This warranty gives you specific legal
- rights, and you may have other rights which vary from
- state/jurisdiction to state/jurisdiction.
-
- Infinity Softworks, Inc., does not warranty the functions
- contained in the SOFTWARE will meet you requirements, or that
- the operation of the SOFTWARE will be error-free or
- uninterrupted. Infinity Softworks, Inc., does warrant that the
- disk(s) on which the program is furnished shall be free from
- defects in materials and workmanship for a period of ten
- (10) days from the date of purchase, so long as proof of
- purchase is provided.
-
- CUSTOMER REMEDIES. Infinity Softworks' and its suppliers'
- entire liability and your exclusive remedy shall be, at
- Infinity Softworks' option, either (a) return of the price
- paid, or (b) repair or replacement of the SOFTWARE that does
- not meet Infinity Softworks' Limited Warranty and which is
- returned to Infinity Softworks with proof of purchase. 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 ten (10) days, whichever is
- longer. Neither these remedies nor any product support
- services are available outside the United States without proof
- of purchase from an authorized non-U.S. source.
-
- NO OTHER WARRANTIES. To the maximum extent permitted by
- applicable law, Infinity Softworks, Inc., and its suppliers
- disclaim all other warranties, either express or implied,
- including, but not limited to, implied warranties of
- merchantability and fitness for a particular purpose, with
- regard to the SOFTWARE, the accompanying written materials, and
- any accompanying hardware. This limited warranty gives you
- specific legal rights. You may have others which vary from
- state/jurisdiction to state/jurisdiction.
-
- NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent
- permitted by applicable law, in no event shall Infinity
- Softworks, Inc. 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 any other pecuniary loss) arising out of the
- use or inability to use this Infinity Softworks, Inc., product,
- even if Infinity Softworks has been advised of the possibility
- of such damages or for any claim by any other party. Because
- some states/jurisdictions do not allow the exclusion or
- limitation of liability for consequential or incidental
- damages, the above limitation may not apply to you.
-
- U.S. Government Restricted Rights
- The SOFTWARE and documentation are subject to export controls
- under the United States Export Administration Act, as amended,
- which Act prohibits exports of certain commodities and
- technical data, including software, to specified countries. In
- particular, the SOFTWARE may not be exported to Cuba, Iran,
- Iraq, Libya, North Korea, Sudan, or Syria. You hereby certify
- that neither the SOFTWARE nor the documentation will be
- transmitted or forwarded outside of your country.
-
- If you acquire this product in the United States, this
- Agreement is governed by the laws of the State of Oregon.
-
- Should you have any questions concerning this Agreement, or if
- you desire to contact Infinity Softworks, Inc., for any reason,
- you may write to Infinity Softworks, Inc., 1315 NW 185th Ave.,
- Suite 180, Beaverton, Oregon 97006.
-