THIS IS A BINDING CONTRACT. READ IT CAREFULLY BEFORE INSTALLING THIS SOFTWARE. BY
INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THE
AGREEMENT BELOW. If you do not agree with the terms and conditions of this Agreement, DO NOT INSTALL THIS SOFTWARE.
The software accompanying this License, whether on disk, in read-only memory, or on any other media (the "Software") and related explanatory materials ("Documentation"), including any upgrades, modified versions, updates, additions, and copies of the Software licensed to you by Vertigo Technology Inc. ("Vertigo") are licensed to you, if you are a bonafide purchaser of the Software, by Vertigo. Vertigo grants you a non-exclusive license to use the Software and Documentation, provided that you agree to the following:
1. Use of Software
This license allows you to do the following:
* Install the Software in a single location on a hard disk or other storage device on one computer.
* Provided that the Software is configured for network use, install and use the Software on a single file server for use on a single local area network for either (but not both) of the following purposes:
- permanent installation onto a hard disk or other storage device; or
- use of the Software over such network, provided that no more than one user may use the Software bearing the same serial number at the same time.
* Use at Home: You may also install the Software on your home or portable computer. However, the Software may not be used on the secondary computer by another person at the same time the Software on the primary computer is being used.
* Create a Back-Up Copy: You may make one back-up copy of the Software. You may not rent, lease, sublicense, lend or transfer versions or copies of the Software you do not use, or Software contained on any unused media, except as part of the permanent transfer of all Software and Documentation as described below.
2. Copyright
The Software is owned by Vertigo and its suppliers, and its structure, organization and code are the valuable trade secrets of Vertigo and its suppliers. The Software is also protected by United States and Canadian Copyright Law and International Treaty provisions. You must treat the Software just as you would any other copyrighted material, such as a book. You may not copy the Software or the Documentation, except as set forth in the "Use of Software" section. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner's name. Trademarks can only be used to identify printed output produced by the Software. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software.
3. Transfer
You may not rent, lease, sublicense or lend the Software or Documentation. You may, however, transfer all your rights to use the Software to another person or legal entity provided that you transfer this Agreement, the Software, including all copies, updates and prior versions, and all Documentation to such person or entity and that you retain no copies, including copies stored on a computer.
4. Warranty
IF YOU PURCHASED THIS SOFTWARE, YOU HAVE A LIMITED WARRANTY
Vertigo warrants to you that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following your purchase of the Software. To make a warranty claim, you must return the Software to the location where you obtained it, along with a copy of your sales receipt within such ninety (90) day period. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability and remedy shall be limited to either, at Vertigo's option, the replacement of the Software or the refund of the license fee you paid for the Software.
VERTIGO AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR VERTIGO'S OR ITS SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, VERTIGO AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL VERTIGO OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A VERTIGO REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY CLAIM BY ANY THIRD PARTY.
IF YOU ARE USING TRYOUT SOFTWARE, THERE IS NO WARRANTY
YOU ACKNOWLEDGE THAT THE SOFTWARE IS A "TRYOUT" VERSION OF A VERTIGO PRODUCT, CONTAINING LIMITED FUNCTIONALITY. VERTIGO IS LICENSING THE SOFTWARE ON AN "AS-IS" BASIS, AND VERTIGO AND ITS SUPPLIERS MAKE NO WARRANTIES EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL VERTIGO OR ITS SUPPLIERS BE LIABLE TO LICENSEE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF REPRESENTATIVES OF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extents permissible, any implied warranties are limited to ninety (90) days. This warranty gives you specific legal rights. You may have other rights which vary from state or jurisdiction to jurisdiction. For further warranty information, please contact Vertigo's Customer Support department.
5. Governing Law and General Provisions.
This Agreement will be governed by the laws in force in the province of British Columbia, Canada excluding the application of its conflicts of law rules. If any part of this Agreement is found void and 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 any 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 Vertigo.
Unpublished rights reserved under the copyright laws of Canada. Vertigo Technology Inc., 1255 West Pender Street, Vancouver, B.C., Canada, V6E 2V1
Vertigo is a registered trademark of Vertigo Technology Inc.
