PLEASE READ CAREFULLY THE FOLLOWING LICENSE AGREEMENT BEFORE YOU CONTINUE. IF YOU PROCEED WITH THE SETUP PROCEDURE OR USE THE SOFTWARE (OR AUTHORIZE ANY OTHER PERSON TO DO SO), YOU ACCEPT THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THE LICENSE AGREEMENT, SIGNIFY YOUR DECISION BY CLICKING THE "DISAGREE" BUTTON AND RETURN THIS PRODUCT (including all materials) WITH YOUR RECEIPT TO THE PLACE FROM WHICH YOU OBTAINED IT WITHIN THIRTY DAYS FOR A FULL REFUND.
ATTACHMATE SOFTWARE LICENSE AGREEMENT
1.LICENSE. Attachmate Corporation (Attachmate) grants you the right to use the Attachmate software programs contained in this package (the "SOFTWARE") on a single computer. The SOFTWARE consists of several programs and is licensed as a single product. The SOFTWARE'S component parts may not be separated for use on more than one computer or by more than one user at any time. You may install the SOFTWARE on a network server, provided you have purchased a separate license for each computer that has the ability to access and use the SOFTWARE from such network server. You may make one archival copy of the SOFTWARE for back-up purposes only and such copy must include AttachmateÆs copyright and proprietary notices as they appear on and in the original SOFTWARE. Attachmate reserves all rights not expressly granted to you. This License Agreement is your proof of license to exercise the rights granted herein and must be retained by you.
2.TERM. This License Agreement is effective on the date you accept it and will remain in force until terminated. You may terminate this License Agreement at any time and Attachmate may terminate this License Agreement if you fail to comply with any provision. Upon any termination of this License Agreement, you must destroy (a) the SOFTWARE and all copies thereof and (b) all printed operation manuals accompanying the SOFTWARE (the "Documentation").
3.OWNERSHIP. The SOFTWARE and all associated intellectual property rights are owned by Attachmate or its suppliers. The SOFTWARE and Documentation are protected by United States copyright laws and international treaty provisions. Except as provided in Section 1 above, you may not copy the SOFTWARE or Documentation.
4.TRANSFER. You may transfer the SOFTWARE to another single computer, provided (a) you do so no more than once every 30 days, (b) this License Agreement and the Documentation are transferred along with the SOFTWARE to the other computer, and (c) all of the software programs making up this single product package are transferred together. A permanent transfer is permitted if all copies of the SOFTWARE and Documentation, including all prior versions, are transferred together, you retain no copies, and the recipient agrees to the terms of this License Agreement.
5.OTHER RESTRICTIONS. If you receive the SOFTWARE in more than one media, regardless of the type or size of the media, you may use only the media appropriate for your single computer. You may not use the other media on any other computer or computer network. If the SOFTWARE is an upgrade from an Attachmate product, you may use either the SOFTWARE or the original Attachmate product, but never both at the same time. Exportation of technical materials is strictly controlled by the United States government and you must comply with the then applicable United States export laws in your use or transfer of the SOFTWARE and Documentation. You may not rent, lease, sublicense, translate, or modify the SOFTWARE or Documentation or any copy without Attachmate's prior written consent. You may not reverse engineer, decompile or disassemble the SOFTWARE, except to the extent this restriction is expressly prohibited by applicable law.
6.LIMITED WARRANTY. Attachmate warrants that the SOFTWARE will perform substantially in accordance with the Documentation for a period of ninety (90) days from the date of receipt. Attachmate's entire liability and your exclusive remedy shall be, at Attachmate's option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE that does not meet the Limited Warranty and which is returned to Attachmate with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, misuse or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty or 30 days, whichever is longer. In the event of refund, this License Agreement shall terminate.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ATTACHMATE AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION.
Some jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you. This Limited Warranty gives you specific legal rights and you may have others, which vary by jurisdiction.
7.LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ATTACHMATE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS ATTACHMATE PRODUCT, EVEN IF ATTACHMATE OR ITS DEALERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
8.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 at 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. Manufacturer is Attachmate Corporation, 3617 131st Avenue S.E., Bellevue, Washington 98006.
9.ENTIRE AGREEMENT AND GOVERNING LAW. This License Agreement constitutes the entire understanding and agreement between you and Attachmate with respect to the SOFTWARE and Documentation. Any representations or promises made by dealers and distributors of Attachmate which differ from the terms of this Agreement do not constitute warranties of Attachmate, do not bind Attachmate, and should not be relied upon. This License Agreement is governed by and construed in accordance with the laws of the State of Washington, U.S.A. If you have any questions concerning this Agreement, please write to the Contracts Department at the Attachmate address above.
