NOTICE TO USER: READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING THE INSTALLATION OF THIS SOFTWARE PACKAGE. THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER (EITHER AN INDIVIDUAL, OR A LEGAL ENTITY SUCH AS A CORPORATION) AND DÌAMAR INTERACTIVE CORP. ("DÌAMAR").
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY RETURN THE ENTIRE PACKAGE(S) AND UNUSED CD-ROM(S) TO THE PLACE YOU OBTAINED THEM FOR A FULL REFUND.
License Grant
(a) Single Computer Use. This DÌAMAR License Agreement permits you to use one copy of the specified version of the DÌAMAR product Yolanda Bergman's Good Health Great Food ("Product") on a single computer. Once you have run that portion of the Product called the "setup" or "install" program (if any) on your computer, you may use the Product on a different computer only if you first delete the files installed by the setup program from the first computer (if any). You may not copy the Product from the CD-ROM to a computer hard disk or other permanent electronic storage device (except as occurs when you run the setup/install program or use other features of the Product on your single computer).
(b) Computer Network Use. If, rather than use on a single computer, you wish to use the Product over a computer network, you may do so as follows: (i) you may install the setup/install program on any or all computers on your network, and (ii) you may make the Product available over your network either by a CD-ROM drive connected to a network server or by installing the entire Product on the hard disk of your network server, provided that (iii) you have a reasonable mechanism in place to restrict the number of concurrent users of the Product (i.e., the total number of users accessing the Product over the network at any one time) to the number of licenses you have purchased for the Product. Note that if you have multiple copies of the Product in CD-ROM form and you are counting such copies as licenses for your use of the Product over a computer network, you must archive such CD-ROM copies and not make any other use of them for as along as you are counting them as network copies.
Copyright
The Product, including any images, photographs, animations, video, audio, music, and text incorporated in the Product, is owned by DÌAMAR and its suppliers and is protected by United States copyright laws and international treaty provisions. You must treat the Product like any other copyrighted material, except to the extent that this license provides to the contrary. DÌAMAR and its licensors retain the rights not expressly granted by this agreement. Your right to use the Product terminates automatically if you violate any part of this License. In the event of termination, you must immediately destroy all copies of the Product or return them to DÌAMAR. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this agreement. You agree that the Product will not be shipped, transferred or exported into any country or used in any manner prohibited by any the receipt of the Product. DÌAMAR does not and cannot warrant the export laws, restrictions or regulations.
Other Restrictions
You may not:
- Copy the documentation or any printed materials included with the Product.
- Sublicense, rent or lease any portion of the Product.
- Reverse engineer, decompile, or disassemble the Product.
- Use any output from the product for any commercial purpose.
Transfer
The license granted under this agreement may be transferred on a permanent basis to another end user provided you delete the setup files from your computer, and the recipient agrees to the terms of this agreement. Any transfer of the Product must include the most recent upgrade and all prior versions.
Validity
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.
Limited Warranty
DÌAMAR warrants only that under normal use, the CD-ROM disk will be free from defects in materials and workmanship for ninety (90) days following the receipt of the product. DÌAMAR does not and cannot warrant the performance or results you may obtain by using the Product. Your sole and exclusive remedy for a breach of the foregoing limited warranty is the replacement of the disk or refund of the purchase price at DÌAMAR's option.
DÌAMAR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR INFRINGEMENT. ALL WARRANTIES SHALL TERMINATE 90 DAYS FROM DATE OF DELIVERY OF THE PRODUCT TO YOU. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This limited warranty gives you specific legal rights and you may have other rights which vary from state to state.
Limitation of Liability
IN NO EVENT WILL DÌAMAR BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE PRODUCT, THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, OR OTHERWISE IN CONNECTION WITH THE PRODUCT AND/OR THIS AGREEMENT, EVEN IF DÌAMAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow limitation or exclusion of incidental or consequential damages, to the above limitation or exclusion may not apply to you.
