Carefully read the following License Agreement before installing the SoftF/X Pro software. Please note that free technical support for SoftF/X Pro is only available online on Byte by Byte's Web page at http:/bytebybyte.com or by email at "softfxprosupport@bytebybyte.com".
If you do not accept the terms of this agreement, quit the installer now and promptly return the entire package to Byte by Byte or your reseller for a refund.
DEFINITIONS
The following definitions apply to the terms as they appear in this agreement.
*Byte by Byte means the Byte by Byte Corporation.
*You and Your refer to any person or entity that acquires or uses this package.
*Package means the software, user's manuals, and other items accompanying this agreement.
*Software means the computer program contained in this package, together with all codes, techniques, software tools, formats, designs, concepts, methods, and ideas associated with that computer program. The term also includes all copies of any part of the software, as well as the manual and other materials contained in this package.
PERMITTED USES
Byte by Byte grants you a non-exclusive license to use the software in this package according to the terms set forth below.
You may:
*Operate the software on one computer at a time.
*Make one backup copy of the software, which automatically becomes the property of Byte by Byte and is subject to this agreement.
PROHIBITED USES
You may not:
*Make the software available to any person or entity other than your employees, who must use the software as specified above under Permitted Uses. You may, however, after written notification to Byte by Byte, transfer all (but no lesser portion) of the software to another person or entity, who in turn will be subject to this agreement.
*Modify the software or merge it with another program, except for your personal use on a single computer. Any modified or merged portion of the software is subject to this agreement.
*Reverse engineer, disassemble, decompile, or make any attempt to discover the source code to the software.
*Translate or create derivative works based on the software.
*Remove, obscure, or alter any notice of the patent, copyright, or other proprietary rights related to the software.
*Sub-license, sell, lend, rent, or lease any portion of the software.
*Copy any portion of the software, except to make a backup copy, as described above under Permitted Uses.
*Operate the software on more than one computer at a time.
*Transfer the software or any direct product to any person or entity in violation of the United States Export Administration Act.
The software involves valuable proprietary rights of Byte by Byte. There is no transfer to you of any title to or ownership of the software or any patent, copyright, trade secret, trade name, trademark, and other proprietary rights related to the software, regardless of the form that the original or other copies exist in. You may not violate these rights, and you must take appropriate steps to protect Byte by Byte's rights. Byte by Byte may at any time replace, modify, alter, improve, enhance, or change the software. Both the license and your right to use the software terminate automatically if you violate any part of this agreement. In the event of termination, you must immediately destroy all copies of the software or return them to Byte by Byte.
LIMITED WARRANTY
Byte by Byte warrants that, upon delivery by Byte by Byte, the CD-ROM on which the software is distributed will be free from defects in the materials and workmanship and that the software will substantially conform to the specifications established by Byte by Byte. Byte by Byte does not warrant that the software is free from all bugs, errors, and omissions. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
If any of the software fails to comply with the warranties set forth above, Byte by Byte will replace the CD-ROM or, at Byte by Byte's option, make a reasonable effort to correct the program errors. You must, however, return all copies of the software, along with a copy of your paid invoice, to Byte by Byte or an authorized Byte by Byte reseller within 30 days of the date you received the software. If Byte by Byte is unable to correct defective CD-ROM or program errors, Byte by Byte will refund all or a fair portion of the price you paid for this package, at Byte by Byte's option. The refund will completely fulfill all obligations for software or CD-ROM failure. Any replacement software will be warranted for the rest of the original 30-day warranty period or for 30 days from the date you received the replacement, whichever is longer.
Except as specifically set forth above, Byte by Byte will not be liable for any:
*bug error, omission, defect, deficiency or nonconformity in any software.
*implied warranty of merchantability or fitness if 30 days have passed from the date you received the software.
*implied warranty relating to course of performance, course of dealing, or usage of trade if 30 days have passed from the date you received the software.
*claim or infringement.
*claim in tort, whether or not arising in whole or in part from Byte by Byte's fault, negligence, strict liability, or product liability.
*claim or any indirect, incidental, special, or consequential damages, cover, or loss of data, revenue, or use.
Any written or oral information or advice given by Byte by Byte resellers, distributors, agents, or employees will in no way increase the scope of this warranty, nor may you rely on any such written or oral communication. Some states do not allow limitations on how long an implied warranty may last or exclusion or limitation of incidental or consequential damages; therefore, the limitations set forth in this warranty may not apply to you.
GENERAL
Byte by Byte is not responsible for maintaining or helping you use the software, except through Byte by Byte's Registered User Support Service. To receive this service, you must complete and return to Byte by Byte the SoftF/X Pro Warranty Registration card in the file titled "Register.pdf". Byte by Byte must have your warranty registration card in its offices and you must provide us with your serial number before any assistance can be given. All free registered support is available only by email at softfxprosupport@bytebybyte.com.
This agreement constitutes the entire agreement and supersedes any prior agreement between Byte by Byte and you concerning the contents of this package. Byte by Byte is not bound by any provision of any purchase order, receipt, acceptance, confirmation, correspondence, or otherwise, unless Byte by Byte specifically agrees to the provision in writing. This agreement cannot be amended, modified, or waived, unless the change is written and signed by an authorized Byte by Byte representative.
U.S. GOVERNMENT RESTRICTED RIGHTS
The software and documentation is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the government is subject to restrictions set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 48 CFR 252.227-7013, or in subdivision (c)(1) and (2) of the Commercial Computer Software--Restricted Rights clause at 48 CFR 52.27-19, as applicable. The contractor/manufacturer is Byte by Byte Corporation located at 3925 West Braker Lane, Suite 329, Austin, TX 78759-5321.
