NOTICE: LANIUS SOFTWARE ("LICENSOR") IS WILLING TO LICENSE THE ENCLOSED SOFTWARE TO YOU ONLY IF YOU ACCEPT ALL OF THE TERMS IN THIS LICENSE AGREEMENT.
PLEASE READ THE TERMS CAREFULLY BEFORE YOU OPEN THIS PACKAGE, BECAUSE BY OPENING THIS SEALED DISK PACKAGE OR BY USING THIS SOFTWARE YOU ARE AGREEING
TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, LICENSOR WILL NOT LICENSE THIS SOFTWARE TO YOU, AND IN THAT CASE YOU
SHOULD RETURN THIS PRODUCT PROMPTLY, INCLUDING THE PACKAGING, THIS UNOPENED DISK PACKAGE, AND ALL WRITTEN MATERIALS, TO THE LICENSOR FOR A FULL REFUND.
Ownership of the Software
1. The enclosed Licensor software program ("Software") and the accompanying written materials are owned by Licensor (LANIUS Software) and are
protected by United States copyright laws, by laws of other nations, and by international treaties. You shall not alter or remove any copyright notice
or proprietary legend contained in or on the products. The Software contains trade secrets and proprietary information of Licensor which you agree to
keep confidential and not to use to the detriment of Licensor.
Grant Of License
2. Licensor grants to you the right to use one copy of the Software on a single computer. You may load one copy into permanent memory of one
computer and may use that copy, or the enclosed diskettes, only on that same computer. You may not install the software on a network.
Restrictions on Use and Transfer
3. If this Software package contains different-sized disks (e.g., 3╜", 5╝", or CD-ROM disks), then you may use only the size disks
appropriate for your computer. You may not use the other size disks on another computer or loan, rent, transfer, or assign them to another user
except as part of the permanent transfer of the Software and all written materials (as provided for below).
4. You may not copy the Software, except that (1) you may make one copy of the Software solely for backup or archival purposes, and (2) you may
transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials.
5. You may permanently transfer the Software and accompanying written materials (including the most recent update and all prior versions) if you
retain no copies and the transferee agrees to be bound by the terms of this Agreement. Such a transfer terminates your license. You may not rent or lease
the Software or otherwise transfer or assign the right to use the Software, except as stated in this paragraph.
6. You may not reverse engineer, decompile, translate, port, disassemble, or make derivative works of the Software, or use the Software in a service
bureau.
Limited Warranty
7. Licensor warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of 60 days
from the date of your receipt of the Software. Any implied warranties on the Software are limited to 60 days. Some states do not allow limitations on
duration of an implied warranty, so the above limitation may not apply to you.
8. LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. The Software is complex and may
contain nonconformities, defects, or errors. Licensor does not warrant that the Software will meet your needs or expectations, that operation of the
Software will be error free or uninterrupted, or that all nonconformities can or will be corrected. This limited warranty gives you specific legal
rights. You may have others, which vary from state to state.
9. LICENSOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT LICENSOR'S CHOICE, EITHER (A) RETURN OF THE PRICE PAID OR (B) REPLACEMENT OF
THE SOFTWARE THAT DOES NOT MEET LICENSOR'S LIMITED WARRANTY AND WHICH IS RETURNED TO LICENSOR WITH A COPY OF YOUR RECEIPT. Any replacement Software will
be warranted for the remainder of the original warranty period or 30 days, whichever is longer. These remedies are not available outside the United States
of America and Canada.
10. This Limited Warranty is void if failure of the Software has resulted from modification, accident, abuse, or misapplication.
11. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS, OR OTHER DIRECT, INDIRECT, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE. 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.
12. This is the exclusive agreement between you and Licensor regarding its subject matter. You shall pay any taxes on the Software or
transactions, except for those based on Licensor's annual net income. If any provision of this agreement is declared invalid or unenforceable, the
remaining provisions of this agreement shall still be effective. Any notice under this agreement shall be delivered by U.S. certified mail, return
receipt requested, or by overnight courier to Licensor at the address below. This Agreement is governed by the internal laws of the State of California.
13. If you have any questions concerning this Agreement or wish to contact Licensor for any reason, please write: LANIUS Software, 1470
Creekside Dr., Suite 23, Walnut Creek, CA 94596 or call 925-932-4201.
14. 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 set forth in subparagraph (c)(1) of The Rights in Technical Data and Computer Software clause at
DFARS 252.227-7013 or subparagraphs (c)(1)(ii) and (2) of Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
Supplier is LANIUS Software, 1470 Creekside Dr., Suite 23, Walnut Creek, CA 94596. The Software is copyright (c) 1997-1999 by LANIUS Software.
Unpublished. All rights reserved under the copyright laws of the United States.
