This legal document is an agreement between you, the end user and MGI Software Corp. BY INSTALLING THE SOFTWARE, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT, which includes the SOFTWARE LICENSE, LIMITED WARRANTY and ACKNOWLEDGMENT.
GRANT OF LICENSE. MGI grants to you the right to use one copy of the enclosed MGI Software Corp., program (the "SOFTWARE") on a single terminal connected to a single computer (i.e.; with a single CPU). You may not network the SOFTWARE or otherwise use it on more than one computer or computer terminal at the same time.
COPYRIGHT. The SOFTWARE is owned by MGI or its suppliers and is protected by Canadian and USA copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (i.e.; a book or musical recording) except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) 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 accompanying the software.
NON PERMITTED USES: Without the express permission of MGI Software Corp., you may not:
1. Use the software in a computer service business including rental, networking or time sharing software, nor may you use it for multiple users, or multiple computer system applications in the absence of individual network licenses with MGI Software Corp.
2. Use, Copy or modify, alter or transfer, electronically or otherwise, the software or documentation except as expressly allowed in this agreement.
3. Translate, reverse engineer, de-assemble, de-compile or create derivative works based on the written materials.
4. Sub-license or lease this program or its documentation.
UPDATE POLICY: MGI may create, from time to time, update versions of the SOFTWARE. At its option, MGI will make such updates available to the LICENSEE who has paid the update fee and returned their Product Registration card to MGI.
GOVERNING LAW. This LICENSE Agreement shall be governed by the laws of the Province of Ontario, Canada and shall inure to the benefit of MGI, it's successors, administrators, heirs and assigns. A venue of any trial shall be in Toronto, Ontario.
LIMITED WARRANTY: This software and accompanying written materials are provided "as is" without warranty of any kind. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THIS SOFTWARE IS ASSUMED BY YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE IN USE, YOU (AND NOT MGI OR ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF DATA. FURTHER, MGI DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE SOFTWARE, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE AND YOU RELY ON THE SOFTWARE AND RESULTS AT YOUR OWN RISK.
MGI warrants to the original licensee that the disk(s) on which the SOFTWARE is recorded is free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of delivery as evidenced by a copy of your receipt. MGI's entire liability and your exclusive remedy shall be at MGI's option, replacement of the disk which shall be returned to MGI with a copy of your receipt. If failure of the disk has resulted from accident, abuse or misapplication of the product, then MGI shall have no responsibility to replace the product under this warranty.
THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT IS MADE BY MGI ON THIS MGI PRODUCT. IN NO EVENT SHALL MGI OR ITS SUPPLIERS, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE, THE RESULTS OF USE, OR INABILITY TO USE SUCH PRODUCT, EVEN IF MGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACKNOWLEDGMENT: You acknowledge that you have read this LICENSE and Limited Warranty, understand them and agree to be bound by their terms and conditions. You also agree that the LICENSE and Limited Warranty are the complete and exclusive statement between the parties and supersedes all other communications between the parties relating to the subject matter of the LICENSE or the Limited Warranty.
