LICENSE NOTICE, LIMITED WARRANTY AND DISCLAIMER AND LIMITATION OF LIABILITY
Abracadata, Ltd. grants to Licensee the non-exclusive license to use the Software on one computer and to make a backup copy of the Software for Licenseeís own use. The "Licensee" is the single individual or business entity for whom the Software was originally purchased. All rights and protections under federal, state and international law, including but not limited to the law of copyright, patent, trademark, trade secret and contract, shall remain in full force and effect. Licensee may not download, reproduce, distribute, republish, sell, rent, lease, sublicense, or translate the Software or documentation in violation of those laws and this License. The Software remains confidential, proprietary information, in which Abracadata, Ltd., the authors, suppliers and developers of the Software claim trade secret rights. Licensee may not modify, reverse engineer, decompile or disassemble the Software.
Abracadata, Ltd. warrants to Licensee and to no other person or entity that the physical disks provided to Licensee (but not the Software recorded on them or the documentation), are free from defects in materials or workmanship for a period of 30 days from the original purchase date. Abracadata cannot guaranty that the program will operate on all systems that meet the minimum specifications indicated on the box. If during this 30-day period a defect should occur, the original disk(s) may be returned with a copy of your dated sales receipt and a brief description of the problem to Abracadata, Ltd., PO Box 2440, Eugene, OR 97402, for replacement free of charge. Licenseeís sole remedy in the event of a defect in the disk is limited to replacement of the disk. As stated below, Abracadata disclaims any and all implied warranty is found to exist, it shall terminate no later than 30 days after purchase. If the disk has been physically damaged, is beyond the 30-day limit or is not accompanied by proof of purchase, include $10.00 for each disk plus $3.00 postage and handling per request. Please return the disk only, not the entire package. Do not staple or paper clip the disk. Package the disk carefully to prevent bending, and mark the package Do Not X-Ray or Use Magnets. Ship via UPS or U.S. Postal Service with return receipt requested. Abracadata, Ltd. is not responsible for disks not received when Licensee cannot provide proof of shipment and Abracadata, Ltd.s receipt.
This Limited Warranty does not grant and specifically excludes any right to recover any other damages whatsoever, including but not limited to, loss of profit, loss of information, business interruption, or special, incidental, or consequential damages or other similar claims, arising out of the use or inability to use the Software or documentation, even if Abracadata, Ltd. has been specifically advised of such damages. In no event shall Abracadata, Ltd.s liability for any damages to Licensee or any other person ever exceed the actual price paid for the Software, regardless of the form of the claim. In all other respects, the Software and documentation is licensed AS IS, WITH ALL FAULTS. ABRACADATA, LTD. SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES REGARDING THE SOFTWARE AND DOCUMENTATION, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Abracadata, Ltd. specifically makes no representation or warranty that the Software is fit for any particular purpose.
This Limited Warranty gives Licensee specific legal rights. Licensee may have others, which vary from state to state. Because some states or provinces do not allow the exclusion or limitation of liability for consequential or incidental damages, or the limitation on duration of an implied warranty, some of the limitations may not apply to Licensee.
Abracadata, Ltd. gives no assurance that the information used in the development of the Software is reliable and accurate. Any recommendations or suggested results in the Software represent only the generic opinions and judgments of the author and are intended to be applicable in a variety of circumstances. However, individual circumstances vary and may render certain recommendations and results inapplicable. Abracadata, Ltd. gives no assurance that the opinions or judgments of the author are reliable or accurate.
If any provision of this License is held to be unenforceable, it will be construed to have the broadest interpretation that would make it valid and enforceable. Invalidity or unenforceability of one provision will not affect any other provision of this License. This License shall be governed by the laws of the State of Oregon.
