IMPORTANT - PLEASE READ CAREFULLY: This end-user license is a legal agreement between you (either an individual or a legal entity) and Optio Development Ltd. ("Optio Development") for the OPTIO software product ("the Product"), which includes computer software, the OPTIO Personal File, and the associated media and printed materials. By installing, copying, or otherwise using the Product, you agree to be bound by the terms of this license. If you do not agree to the terms of this license, promptly return the unused product to the place from which you obtained it.
1. Grant of License
This end-user license agreement (EULA) grants you the following rights:
a) You may use one copy of OPTIO on a single computer. The software is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM, or other storage device) of that computer.
b) The Product may only be used on a single PC at any one time but may be copied in support of that use. Any such copying is subject to there being no modification of the Product and in particular to all the copyright notices being preserved in the copy. Save for copying as aforesaid, any other operations (including reproduction, subdivision, modification, reverse-engineering or translation from machine readable form) are expressly prohibited. Only a single copy of the Product is licensed for use at any one time.
c) You may only use your copy of OPTIO to read and analyse OPTIO Personal Files which have been created by your single copy of OPTIO. Apart from this, the reading of Personal Files created by other copies of OPTIO is expressly prohibited under this agreement
2. Copyright
All title and copyrights in and to the Product (including but not limited to any images, photographs, and text incorporated into the Product), the accompanying printed materials, and any copies of the Product are owned by Optio Development. The Product is protected by copyright laws and international treaty provisions. Therefore, you must treat the Product like any other copyrighted material except that you may either (a) make one copy of the Product solely for backup or archival purposes or (b) install the Product on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the Product.
3. Updates
If the Product is an update, you may use or transfer the Product only in conjunction with a previous full version of the Product. If you have acquired the Product as part of a subscription package then you must treat as an update any subsequent versions of the Product you receive.
4. Transfer
You may permanently transfer all of your rights under this license agreement, provided that you retain no copies, you transfer all of the Product (including all component parts, the media and printed materials, and any updates), and the recipient agrees to the terms of this license. If the Product is an update, any transfer must include all prior versions of the Product. You may not rent or lease the Product.
5. Termination
Without prejudice to any other rights, Optio Development may terminate this license agreement if you fail to comply with the terms and conditions of this agreement. In such event, you must destroy all copies of the Product.
6. Breach
If you act in breach of any of these terms and conditions you hereby agree to indemnify Optio Development against all loss suffered (including loss of profits) and the license granted hereunder shall be deemed to be terminated forthwith. On termination, you will deliver up to Optio Development all infringing and lawful copies of the Product.
7. Exclusions
Neither Optio Development nor any person authorised by them gives warranties or makes representations that the Product is error free or will meet functions required by you. It shall be your responsibility to satisfy yourself that the Product meets your requirements.
8. Liability
Optio Development warrants that the CD-ROM and diskettes on which the Product is stored are free from material defect and through normal use will remain so for a period of 90 days after purchase. In the event of any breach of this warranty (or statutory warranty or conditions incapable of inclusion by these conditions) the responsibilities of Optio Development shall be limited to replacing the enclosed Product or to returning the price paid for the same.
9. No Other Warranties
The Product is supplied on an "as is" basis and except as expressly set forth above, no other warranties, either express or implied, are made with respect to the Product, including but not limited to the implied warranties of merchantability and fitness for purpose, and Optio Development expressly disclaim all warranties not stated herein.
10. No Liability for Consequential Loss
In no circumstance will Optio Development be liable for any indirect or consequential costs damages or losses (including loss of business profits, operating time or otherwise) arising out of the use or inability to use the Product, and whether or not the likelihood of damage was advised to Optio Development.
