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- IMPORTANT - READ CAREFULLY BEFORE OPENING OR CONTINUING
-
- By opening this package or continuing this software installation you ('Licensee')
- indicate your acceptance of all the terms and conditions of the Agreement.
-
-
- POTOMAC SOFTWARE, INC. SOFTWARE LICENSE AGREEMENT
-
- This License Agreement is licensee's proof of license. Please treat it as valuable
- property.
-
- This is a legal agreement between you (either an individual or an entity), the end user,
- and Potomac Software, Inc. ('Potomac Software'). If you do not agree to the terms of
- this Agreement, promptly discontinue use of the software and any accompanying materials,
- removing the software and documentation from your computer. For NON-EVALUATION copies
- of the software, you may contact Potomac Software to arrange for a refund.
-
-
- POTOMAC SOFTWARE, INC. SOFTWARE LICENSE
-
- 0. EVALUATION COPY. This license is for an EVALUATION COPY of the Software and is only
- meant to allow you to try the Software before purchasing a NON-EVALUATION COPY. As a
- license for an EVALUATION COPY of the Software, this is only a temporary license and
- is only valid during the evaluation period. The evaluation period and this license
- shall expire thirty (30) days after the installation of the software. As an EVALUATION COPY,
- this Software is only intended to perform for a period of approximately thirty (30)
- days. After this, the Software will no longer function. Failure of the Software to
- function after the expiration of the evaluation period SHALL NOT BE REGARDED BY YOU
- as (a) a defect, (b) nor a problem covered under any warranty nor (c) cause for any
- remedy, action or liability by Potomac Software.
-
- 1. SOFTWARE LICENSE GRANT. Potomac Software grants to you the nonexclusive right to
- use one copy of the enclosed software programs and documentation (the 'Software') on a
- single terminal connected to a single computer (i.e., with a single CPU) and to compile
- the Software as part of or within applications developed by you. You may network
- the Software only if you have a registered copy of the Software for each user of the
- Software on the network.
-
- 2. RUNTIME LICENSE GRANT. Potomac Software grants to you the nonexclusive right to use,
- reproduce, and to distribute NON-EVALUATION COPIES of the Software runtime modules
- (files necessary to execute the Software). EVALUATION COPIES of the Software runtime
- modules may not be reproduced or distributed.
-
- 3. DISTRIBUTION OF APPLICATIONS YOU DEVELOP. You may distribute an application you
- develop with NON-EVALUATION COPIES of the Software royalty-free so long as your
- application is not provided with source code, and is not distributed as a library
- or as part of a library. EVALUATION COPIES of the Software may not be distributed in
- part or whole.
-
- 4. COPYRIGHT. The Software is owned by Potomac Software 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 any written materials accompanying the Software.
-
- 5. OTHER RESTRICTIONS. This Potomac Software, Inc. License Agreement is your proof of
- license to exercise the rights granted herein and must be retained by you. You
- may not rent or lease the Software, but you may transfer your rights under this
- License Agreement on a permanent basis provided you transfer this License Agreement,
- the Software, and all accompanying written material, 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, any transfer must include the
- update and all prior versions. This clause applies only to NON-EVALUATION COPIES of the
- Software; EVALUATION COPIES of the Software may not be transferred, nor may any rights
- under this License Agreement for EVALUATION COPIES of the Software be transferred.
-
- 6. EXPORT LAWS; GOVERNMENT USERS. You agree and certify that neither the Software nor
- any other technical data received from Potomac Software, nor the direct product thereof,
- will be exported outside the United States except as authorized and as permitted by
- the laws and regulations of the United States.
-
- 7. DUAL-MEDIA SOFTWARE. If the Software package contains both 3.5" and 5.25" disks,
- then you may use only the disks appropriate for your single designated computer or
- network server. You may not use the other disks on another computer or computer
- network, or loan, rent, lease, or transfer them to another user except as part of a
- transfer or other use expressly permitted by this License Agreement.
-
- 8. TERMINATION. This license will terminate automatically if you fail to comply with
- the limitations described above. For EVALUATION COPIES of the Software, this license
- is temporary and terminates after the expiration of the evaluation period. On
- termination, you must destroy all copies of the Software.
-
- LIMITED WARRANTY
-
- LIMITED WARRANTY. Potomac Software warrants that the Software will perform
- substantially in accordance with the accompanying documentation for a period of
- thirty (30) days from the date of receipt; Potomac Software does not warrant, however,
- that that the operation of the Software will be error-free. Potomac Software also
- warrants any hardware accompanying the Software will be free from defects in materials
- and workmanship under normal use and service for a period of one (1) year from the date
- of receipt. Any implied warranties on the Software and hardware are limited to thirty
- (30) days and one (1) year, respectively. Some states/jurisdictions do not allow
- limitations on duration of an implied warranty, so the above limitation may not apply
- to you.
-
- CUSTOMER REMEDIES. Potomac Software's entire liability and your exclusive remedy shall
- be, at Potomac Software's option, either (a) return of the price paid for
- NON-EVALUATION copies or (b) repair or replacement of the Software or hardware that
- does not meet Potomac Software's Limited Warranty and that is returned to Potomac
- Software with proof of purchase. This Limited Warranty is void if failure of the
- Software or hardware has resulted from accident, abuse, or misapplication. Any
- replacement Software will be warranted for the remainder of the original warranty
- period or thirty (30) days, whichever is longer. Neither these remedies nor any
- product support services offered by Potomac Software are available for this U.S.A.
- version product outside of the United States of America.
-
- NO OTHER WARRANTIES. Potomac Software disclaims all other warranties, either express
- or implied, including but not limited to implied warranties of merchantability and
- fitness for a particular purpose, with respect to the Software, any 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. In no event shall Potomac Software 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 other pecuniary loss) arising out of the use or inability to use this Potomac
- Software product, even if Potomac Software has been advised of the possibility of
- such damages. 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.
-
- NO WARRANTIES, CUSTOMER REMEDIES OR LIABILITY FOR EVALUATION COPIES. Potomac Software
- provides no warranties express or implied, no remedies and assumes no liability of
- any kind for EVALUATION COPIES of the Software. The LIMITED WARRANTY and CUSTOMER
- REMEDIES clauses above apply only to NON-EVALUATION COPIES.
-
-
- U.S. GOVERNMENT RESTRICTED RIGHTS
-
- The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication,
- or disclosure by the Government is subject to restrictions as set forth in subparagraph
- (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS
- 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software -
- Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Potomac Software,
- Inc, 19918 Hamil, Montgomery Village, Maryland 20879.
-
- MISCELLANEOUS
-
- This Agreement represents the complete agreement concerning this license between
- the parties and supersedes all prior agreements and representations between them. It
- may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY
- PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE
- TERMS SET FORTH HEREIN, AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. If any
- provision of this Agreement is held to be unenforceable for any reason, such provision
- shall be reformed only to the extent necessary to make it enforceable. This Agreement
- shall be governed by and construed under Maryland law as such law applies to agreements
- between Maryland residents entered into and to be performed within Maryland, except as
- governed by Federal law. The application the United Nations Convention of Contracts for
- the International Sale of Goods is expressly excluded.
-
-
-