This is a legal agreement between you, the end user, and Maximizer Technologies, Inc. ("Maximizer"). The enclosed Maximizer software program (the "SOFTWARE") is licensed by Maximizer for use only on the terms set forth herein. Please read this license agreement. If you do not agree to these terms, do not continue with the installation of the software. Continuing with the installation constitutes your agreement to the terms of this License.
GRANT OF LICENSE. Maximizer grants to you the right to use one copy of the enclosed SOFTWARE on a single terminal connected to a single computer (i.e., single CPU) or to a network server. If you install the SOFTWARE on a network server, you must acquire licenses for each concurrent user (i.e., the maximum number of users who will be accessing or operating the software at the same time.) The SOFTWARE is in "use" on a Computer when it is loaded into the RAM or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that Computer. As a multi-user, you may only install the SOFTWARE on one computer as a server, and the number of computers and terminals accessing or operating the SOFTWARE shall not exceed the number of SOFTWARE licenses acquired.
COPYRIGHT. The SOFTWARE is protected by both United States and Canadian copyright laws and international treaty provisions. Maximizer authorizes you to make archival copies of the software for the sole purpose of protecting your investment from loss. Otherwise, it is illegal to make copies of the SOFTWARE without the written permission of Maximizer. In particular, it is illegal to give a copy to another person by transferring the SOFTWARE electronically or by any other means.
OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE. You may not reverse engineer, decompile, disassemble, or create derivative works from the SOFTWARE.
NO WARRANTIES. MAXIMIZER AND ITS DEALERS AND SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE, DISKETTES, AND THE ACCOMPANYING WRITTEN MATERIALS. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL MAXIMIZER OR ITS DEALERS OR 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 OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MAXIMIZER PRODUCT, EVEN IF MAXIMIZER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
GOVERNING LAW. The rights and obligation of the parties under this agreement shall not be governed by the U.N. Convention on Contracts for the International Sale of Goods. This License shall be construed, interpreted, and governed by the laws of the Province of British Columbia, Canada, provided that to the extent that the laws of the United States are determined to be applicable then this License shall be construed, interpreted, and governed by the laws of the State of Georgia.
U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE 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 subparagraph (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Maximizer Technologies, Inc., 1090 West Pender Street, 9th Floor, Vancouver, B.C. V6E 2N7.
