BY USING ANY OF THE SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.
1. The accompanying software ("Software") is licensed, not sold, to you by Claris for use only under the terms of this License, and Claris reserves any rights not expressly granted to you. This License allows you to use the Software only on a single computer at a time. The Software is protected by United States copyright law. The Software contains trade secrets and to protect them you may NOT decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human perceivable form. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, RESELL FOR PROFIT OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
2. This License will terminate immediately without notice from Claris if you fail to comply with any provision of this License.
3. You agree that neither the Software nor any direct product thereof is being or will be shipped, transferred or reexported, directly or indirectly, into any country prohibited by the United States Export Administration Act .
4. THIS SOFTWARE IS LICENSED "AS IS" AND CLARIS MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE SOFTWARE OR ITS PERFORMANCE. IN NO EVENT WILL CLARIS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES ARISING OUT OF THE USE OF 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 LIMITATIONS MAY NOT APPLY TO YOU. Claris' liability to you for actual damages for any cause whatsoever, and regardless of the form of the action, will be limited to the greater of $500.
5. This License will be construed under the laws of the state of California. If any provision of this License shall be adjudicated unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect.
6. This Software: (a) was developed at private expense, and no part of it was developed with government funds, (b) is a trade secret of CLARIS for all purposes of the Freedom of Information Act, (c) is “commercial computer software” subject to limited utilization as provided in the contract between the vendor and the governmental entity, and (d) in all respects is proprietary data belonging solely to CLARIS.
For units of the Department of Defense (DOD), this Software is sold only with “Restricted Rights” as that term is defined in the DOD Supplement to the Federal Acquisition Regulations, 52.227-7013 (c) (1) (ii) and:
Use, duplication or disclosure is subject to restrictions as set forth in subdivision (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at 52.227-7013. Manufacturer: CLARIS Corporation, 5201 Patrick Henry Drive, Santa Clara, California 95054. If this Software was acquired under a GSA Schedule the U.S. Government has agreed to refrain from changing or removing any insignia or lettering from the Software and from producing copies of disks and: (e) Title to and ownership of this Software and documentation and any reproductions thereof shall remain with CLARIS,U.S. Governmental personnel using this Software, other than under a DOD contract or GSA Schedule, are hereby on notice that use of this Software is subject to restrictions which are the same as or similar to those specified above.
