READ THIS LICENSE CAREFULLY BEFORE INSTALLING THIS PRODUCT. BY INSTALLING THIS PRODUCT YOU INDICATE YOUR ACCEPTANCE OF THE FOLLOWING LICENSE TERMS WHICH DEFINE WHAT YOU MAY DO WITH THE PRODUCT, AND CONTAINS LIMITATIONS ON WARRANTIES AND YOUR REMEDIES. BY CLICKING ON THE "ACCEPT" BUTTON, YOU INDICATE YOUR ACCEPTANCE OF THE LICENSE TERMS AND THE PRODUCT WILL BE INSTALLED. IF YOU DO NOT AGREE TO THE LICENSE TERMS, CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE. YOU MUST THEN PROMPTLY RETURN THIS UNINSTALLED PRODUCT AND PACKAGE TOGETHER WITH ALL ACCOMPANYING ITEMS TO YOUR DEALER FOR A REFUND.
LIMITED USE LICENSE: TAO Research, Inc. ("TAO") grants you the right to use one copy of the Disk for your personal use on one computer at a time only. The Product is owned by TAO, or its licensors, if any, as set forth in the Product or associated documentation and is protected by United States copyright laws and international treaties. All rights not expressly granted to you are reserved by TAO and its licensors.
PERMITTED USES. YOU MAY:
Either (a) make one copy of the Product solely for backup or archival purposes provided that you reproduce all information (including copyright notices) which appeared on original disk(s), or (b) transfer the Product to a single hard disk, provided that you keep the original disk(s) solely for backup or archival purposes.
Transfer the complete Product Package on a permanent basis, provided that you retain no copies and the recipient agrees in writing to the terms of this Agreement.
PROHIBITED USES. YOU MAY NOT:
Use the Product on more than one computer terminal or workstation at the same time.
Make copies of the materials accompanying the Product, or make copies of the Product except as provided above.
Use the Product in a network or other multi-user arrangement, on an electronic bulletin board system or other remote access arrangement. Rent, lease, license or otherwise transfer the Product without the express written consent of TAO, except that you may transfer the complete Product Package on a permanent basis as provided above.
Reverse engineer, decompile, disassemble, or create derivative works of the Product.
LIMITED WARRANTY. TAO warrants, to the original buyer only, that the media upon which the Product is recorded shall be free from defects in materials and workmanship under normal use and service for a period of thirty (30) days from the date of purchase. Any implied warranties on any Product are limited to thirty (30) days.
EXCLUSIVE REMEDY: TAO's entire liability and your exclusive remedy shall be, at TAO's option, either (a) the repair or replacement of the Product that does not meet TAO's Limited Warranty and which is returned to TAO with a copy of your receipt; or (b) a refund of the price, if any, which you paid for the Product and associated materials sustained with proof of purchase. TO MAKE A WARRANTY CLAIM, PLEASE RETURN THE PRODUCT PACKAGE TOGETHER WITH YOUR PROOF OF PURCHASE TO OUR DEALER OR TAO DURING THE WARRANTY PERIOD. The limited Warranty is void if the failure of the media upon which the Product is recorded has resulted from accident, abuse or misapplication, Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
NO OTHER WARRANTIES. WITH RESPECT TO THE PRODUCT, PRODUCT MEDIA AND THE ACCOMPANYING WRITTEN MATERIALS, TAO AND ITS SUPPLIERS, IF ANY, DISCLAIM ALL WARRANTIES, OTHER THAN THE ABOVE WARRANTY BY TAO EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TAO DOES NOT WARRANT THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, YOU MAY HAVE OTHERS, WHICH VARY FROM STATE TO STATE.
LIMITATIONS ON DAMAGES. IN NO EVENT SHALL TAO OR ITS SUPPLIERS, IF ANY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT OR PRODUCT PACKAGE, EVEN IF TAO OR ITS SUPPLIERS, IF ANY, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TAO'S LIABILITY FOR ANY REASON EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THE SPECIFIC PRODUCT.
U.S. GOVERNMENT RESTRICTED RIGHTS. The Product and the Product package 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 at DFARS 252.227-7013 or subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.
EXPORT RESTRICTIONS. You agree that you will not, directly or indirectly, export the Product to any country to which such export is restricted by applicable U.S. export control laws without the prior consent, if required, of the U.S. Department of Commerce or such other governmental entity as may have jurisdiction over such export.
CONTROLLING LAW AND SEVERABILITY. This agreement shall be governed by and construed in accordance with the laws of the State of California. If for any reason a court of competent jurisdiction finds any provision of this agreement to be unenforceable, that provision of the agreement shall be enforced to the maximum extent possible, and the reminder of these agreement shall continue in full force and effect.
COMPLETE AGREEMENT. This agreement constitutes the entire agreement between the parties with respect to the use of the Product, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this agreement will be binding unless made in writing and signed by a duly authorized representation of TAO.
TERM. This agreement is effective until terminated. This agreement will terminate immediately without any notice from TAO if you fail to comply with any provision of this agreement. Upon termination, you must destroy the Product and any related documentation that you may have.
