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License
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2001-05-15
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149 lines
Software License Agreement
“Software” is defined as the Morrison SoftDesign computer program with
which this Software License Agreement is included and any updates or
maintenance releases thereto. The use by you of any services or content
accessible through the Software or Demo Software may be subject to your
acceptance of separate agreements with Morrison SoftDesign or third
parties. Do not use the Software until you have carefully read the
following Agreement. This Agreement sets forth the terms and conditions for
licensing of the Software from Morrison SoftDesign to you (“you” or
“Licensor”), and installing the Software indicates that you have read and
understand this Agreement and accept its terms and conditions. If you
purchased this License for the Software and do not agree with this
Agreement, promptly return the Software to the place of purchase within ten
(10) days of purchase with a dated receipt for a full refund. If the
Software was pre-installed on your computer or CD-ROM disk(s) came packaged
with your computer at no extra charge, and if you do not agree with this
Agreement, do not use the Software.
License and Certain Restrictions
You are granted a limited non-exclusive license to use a copy of the
enclosed Software on one (1) computer used by a single business or
household. You may make one backup copy of the Software for your own use.
Making additional copies or duplicating the Software by any other means
including electronic transmission is illegal. It is also prohibited to
give copies to another person. You may not copy the printed materials if
any, accompanying the Software, or print copies of any user documentation.
The Software in its entirety is protected by copyright laws. The Software
also contains the trade secrets of Morrison SoftDesign and third parties,
and you may not decompile, reverse engineer, disassemble, or otherwise
reduce the Software to human-perceivable form or disclose such trade
secrets. You may not modify, adapt, translate, rent, sublicense, assign,
loan, resell for profit, distribute, or network the Software, disk(s), or
related materials or create derivative works based upon the Software or any
part thereof. You may transfer your rights in the Software to a third
party, or sell the computer on which the Software is installed to a third
party, provided you do not keep a copy of the Software for yourself. You or
the subsequent Licensor may obtain a copy of a Transfer Agreement from
Morrison SoftDesign, which will allow the subsequent Licensor to assume
your rights as a Licensor of the Software. Morrison SoftDesign shall have
the right to change or add to the terms of the license at any time and to
change, discontinue or impose conditions on any aspect of the Software.
Such changes shall be effective upon notification by any means reasonable
to give you actual or constructive notice or upon posting such terms on the
Software.
Satisfaction Guaranteed
If you are not 100% satisfied with the Software, Morrison SoftDesign’s
entire liability and your exclusive remedy shall be either: (a) if you
purchased the Software through a retail store or directly from Morrison
SoftDesign, (1) return of the Software within thirty (30) days of purchase
to the store where purchased with a dated receipt for a full refund (If the
store is unable to issue a refund, then return the Software with a dated
receipt within thirty (30) days of purchase to Morrison SoftDesign Returns,
8922 Coppermine Ln., Charlotte, NC 28269 for your refund); or (2) If the
disks are defective and you would like replacement disks within thirty (30)
days of purchase, return the Software with a dated receipt to Morrison
SoftDesign Returns at the above address for replacement of defective disks.
If the disks are defective and you would like replacement disks after
thirty (30) days from date of purchase, you may obtain a replacement by
sending your defective disks and a check for fifteen dollars ($15.00), plus
applicable tax, to Morrison SoftDesign. For all orders shipped within the
U.S., please add all applicable state and local sales tax as well as tax on
shipping and handling based on your shipping address; (b) if the Morrison
SoftDesign Software was pre-installed on your computer when you bought it,
or if disks came packaged with your computer at no extra charge, and the
Morrison SoftDesign Software is defective or was installed improperly, you
may obtain replacement disks from the company that manufactured your
computer, at its option, by sending your request stating the nature of the
problem, plus a copy of your dated receipt for the computer on which the
Morrison SoftDesign Software was installed, to the manufacturer of the
computer; (c) if you obtained the Morrison SoftDesign Software by
downloading it on your computer, and the Morrison SoftDesign Software did
not install properly, contact the provider of the download site.
Disclaimer of Warranties
EXCEPT AS PROVIDED ABOVE, THIS SOFTWARE , CONTENT, AND/OR AND ANY RELATED
SERVICES ARE PROVIDED “AS-IS,” AND TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, MORRISON SOFTDESIGN AND ITS SUBSIDIARIES, AFFILIATES,
LICENSORS, PARTICIPATING, THIRD-PARTY CONTENT OR SERVICE PROVIDERS,
DISTRIBUTORS, DEALERS OR SUPPLIERS (“REPRESENTATIVES”) DISCLAIMS ALL OTHER
REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS
SOFTWARE, DISK(S), RELATED MATERIALS AND ANY SERVICES, INCLUDING THEIR
FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, OR
THEIR NONINFRINGEMENT. MORRISON SOFTDESIGN DOES NOT WARRANT THAT THE
SOFTWARE IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS,
INCLUDING BUT NOT LIMITED TO ACCURATE OR UPDATED THIRD-PARTY CONTENT, NOR
DOES MORRISON SOFTDESIGN WARRANT ACCESS TO THE INTERNET OR ANY OTHER
SERVICE THROUGH THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOU MUST: (A)
PROVIDE YOUR OWN ACCESS TO THE INTERNET AND PAY ANY SERVICE FEES ASSOCIATED
WITH SUCH ACCESS, AND (B) PROVIDE ALL EQUIPMENT NECESSARY FOR YOU TO MAKE
SUCH CONNECTION TO THE WORLD WIDE WEB, INCLUDING A COMPUTER AND A MODEM.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE
LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF PURCHASE OF THE
LICENSE FOR THE SOFTWARE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE
OTHER RIGHTS AS WELL, WHICH VARY FROM STATE TO STATE.
Limitation of Liability and Damages
THE ENTIRE LIABILITY OF MORRISON SOFTDESIGN FOR ANY REASON SHALL BE LIMITED
TO THE AMOUNT PAID BY THE CUSTOMER FOR THE SOFTWARE LICENSED FROM MORRISON
SOFTDESIGN OR ITS AUTHORIZED RESELLER. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, MORRISON SOFTDESIGN AND ITS REPRESENTATIVES ARE NOT LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR
INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN
IF MORRISON SOFTDESIGN OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND
TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, MORRISON SOFTDESIGN AND ITS
REPRESENTATIVES’ TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE
WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THIS SOFTWARE.
SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
General Provisions
This Agreement sets forth Morrison SoftDesign’s and its Representatives’
entire liability and your exclusive remedy with respect to the Software.
You acknowledge that this Agreement is a complete statement of the
agreement between you and Morrison SoftDesign, and that there are no other
prior or contemporaneous understandings, promises, representations, or
descriptions regarding the Software or any related services. This Agreement
does not limit any rights that Morrison SoftDesign may have under trade
secret, copyright, patent, trademark or other laws. The Representatives of
Morrison SoftDesign are not authorized to make modifications to this
Agreement, or to make any additional representations, commitments, or
warranties binding on Morrison SoftDesign, other than in writing signed by
an officer of Morrison SoftDesign. Accordingly, such additional statements
are not binding on Morrison SoftDesign and you should not rely upon such
statements. If any provision of this Agreement is invalid or unenforceable
under applicable law, then it is, to that extent, deemed omitted and the
remaining provisions will continue in full force and effect. The validity
and performance of this Agreement shall be governed by California law
(without reference to choice of law principles), except as to copyright and
trademark matters, which are covered by federal laws. This Agreement is
deemed entered into at Charlotte, North Carolina, and shall be construed as
to its fair meaning and not strictly for or against either party.