THIS IS A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL OR AN ENTITY), THE END USER, AND MICROGRAFX, INC. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THIS PRODUCT AND ACCOMPANYING ITEMS (INCLUDING WRITTEN MATERIALS AND BINDERS OR OTHER CONTAINERS) TO THE PLACE YOU OBTAINED THEM FOR A FULL REFUND. BY INSTALLING, COPYING, DOWNLOADING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE.
1. GRANT OF LICENSE. This Micrografx End-User License Agreement (this "License") permits you to use one copy of the Micrografx software product (the "Software") on any single computer. If the Software is permanently installed on the hard disk or other storage device of a computer, then the person authorized to use such computer also may use the Software on a portable computer, laptop or home computer so long as the Software is not used on both computers at the same time. If such person's authorization to use such computer ceases for any reason (e.g. termination of employment), then such person's authority to use the software on a portable computer, laptop and home computer will cease. The Software is licensed as a single unit, and its component programs may not be separated for use on different computers. You must acquire and dedicate a license for each separate computer on which the Software is installed or run from the storage device.
A License for the Software may not be shared or used concurrently on different computers. Installation and/or usage on a network server requires a License for every user who accesses the Software at any time.
2. OWNERSHIP. Title, ownership rights, and intellectual property rights in and to the Software will remain in Micrografx and is protected by United States copyright laws and international treaty provisions. There is no transfer to you of any title to or ownership of the Software and this License should not be construed as a sale of any right in the Software. You must treat the Software like any other copyrighted materials, 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 written materials accompanying the Software. You may use the Software in your own personal and business documents as long as you are not selling the output generated by the Software or any related services.
You may modify the Software and/or merge it into another computer program to the extent necessary for your own use on the network or computer, but any portion of the Software merged into another computer program will continue to be subject to this License.
3. UPGRADES. If the Software is labeled as an upgrade, you must be properly licensed to use a product identified by Micrografx as being eligible for the upgrade in order to use the Software. The Software labeled an "upgrade" replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. The upgrade may not be separated for use from the product, or transferred separately or used on more than one computer except as set forth above.
4. OTHER RESTRICTIONS. This License is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent or lease the Software, but you may transfer your rights under this License on a permanent basis provided that you transfer this License, the Software and all accompanying written materials, you retain no copies, and the recipient agrees to the terms of this License. You may not translate, decompile, or disassemble the Software or make any attempt to discover the source code to the Software. If the Software is an update, any transfer must include the update and all prior versions. Further, you may not place the Software onto a server so that it is accessible via a public network such as the Internet.
5. MULTIPLE MEDIA. You may receive the Software in more than one medium. Regardless of the type or size of the medium you receive, you may use only the media appropriate for your single designated computer or network server. You may not use any other media on another computer or computer network, or loan, rent, lease, or transfer them to another user except as part of a transfer or other use expressly permitted by this License.
6. LIMITED WARRANTY. MICROGRAFX WARRANTS THAT THE SOFTWARE WILL PERFORM SUBSTANTIALLY ACCORDING TO THE ACCOMPANYING WRITTEN MATERIALS FOR NINETY (90) DAYS FROM THE DATE OF ORIGINAL PURCHASE. MICROGRAFX DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) CONCERNING THIS SOFTWARE AND ITS ACCOMPANYING WRITTEN MATERIALS. Some jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. This limited warranty gives you specific legal rights. You may have others which vary by jurisdiction.
7. REMEDIES. Micrografx's entire liability and your exclusive remedy will be replacement of the Software by Micrografx that does not meet Micrografx's Limited Warranty and that is returned to Micrografx with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
8. LIMITATION OF LIABILITY. In no event will Micrografx or its 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) arising out of the use of or inability to use the Software, even if Micrografx has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitations of consequential or incidental damages, the above limitations may not apply to you.
9. EXPORT RESTRICTIONS. You may not export or reexport the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations.
10. 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 as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause as DFARS 252.227-7013 or subparagraphs (c) (1), and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable, and any amendments thereto. Contractor/manufacturer is Micrografx, Inc./1303 East Arapaho Rd., Richardson, TX 75081, USA.
11. MISCELLANEOUS PROVISIONS. This License is governed by the laws of the State of Texas, USA (and not by the 1980 United Nations Convention on Contracts for the International Sale of Goods, as amended). This is the entire agreement between us relating to the Software and supersedes any purchase order, communication, advertising, or representation concerning the Software. No change or modification of this License will be valid unless it is in writing and is signed by Micrografx. If this Software was acquired outside the United States, then local law may apply. If you acquired this Software in Canada, you agree to the following:
The parties to this License have expressly required that the License be drawn up in the English language./ Les parties aux presentes ont expressement exige que la presente convention soient redigees en langue anglaise.
For more information about Micrografx's licensing policies, please call Micrografx Customer Service at 972-234-1769, or write: Micrografx Customer Sales and Service, 1303 East Arapaho Road., Richardson, TX 75081, USA.
