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- FileBack PC License Agreement
-
- IMPORTANT - THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN
- ENTITY) AND MAXIMUM OUTPUT SOFTWARE. BY INSTALLING AND/OR BY USING THE
- SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT,
- UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT IT IS
- THE FULL AND COMPLETE AGREEMENT BETWEEN US, SUPERSEDING ALL PRIOR WRITTEN OR
- VERBAL AGREEMENTS OF ANY KIND. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO
- THE TERMS OF THIS AGREEMENT, YOU MUST CEASE USING THIS PRODUCT IMMEDIATELY AND
- PROMPTLY RETURN ALL MATERIALS (INCLUDING DISK OR DISKS AND WRITTEN MATERIALS)
- TO MAXIMUM OUTPUT SOFTWARE.
-
- Maximum Output Software Software License Agreement
-
- 1. GRANT OF LICENSE. This License Agreement permits you to use one copy of the enclosed
- Maximum Output Software software program (the "SOFTWARE") on a single computer (PRIMARY
- COMPUTER). The SOFTWARE is in "use" on a computer when it, in usable form, is loaded into
- temporary memory (i.e. random access memory) or installed into permanent storage (e.g. hard disk drive,
- CD-ROM, or other storage device) of that computer. However, the installation files may be placed on a
- networked computer for the sole purpose of internal distribution, and shall not constitute "use" for which a
- separate license is required, provided you have purchased a separate license for each computer to which
- the SOFTWARE is installed.
-
- 2. COPYRIGHT. The SOFTWARE is owned by Maximum Output Software and its author, Douglas Alan
- Johnson, and is protected by United States copyright laws and international treaty provisions. The
- SOFTWARE must be treated like all other copyrighted materials (e.g. books or musical recordings), with
- the two following exceptions: You may either (a) make copies of the SOFTWARE solely for backup or
- archival purposes, or (b) transfer the SOFTWARE to a single hard disk of each computer where the
- software is installed provided you keep the original solely for backup or archival purposes. You may not
- copy any written materials accompanying the SOFTWARE.
-
- 3. OTHER RESTRICTIONS. Renting or leasing of the software is not permitted. You may transfer the
- SOFTWARE and accompanying written materials on a permanent basis provided you retain no copies
- and the recipient agrees to the terms of this Agreement. You may not decompile, reverse engineer, or
- disassemble the SOFTWARE. If the SOFTWARE is an update or has been updated, any transfer must
- include the most recent update and all prior versions.
-
- LIMITED WARRANTY. This program is provided "as is" without any warranty of any kind, either
- expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for
- a particular purpose. The entire risk as to the quality and performance of the SOFTWARE is with you, the
- licensee. Should the SOFTWARE prove defective, you assume the risk and liability for the entire cost of
- all necessary repair, service, or correction. Some states/jurisdictions do not allow the exclusion of implied
- warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights,
- and you may have other rights, which vary from state/jurisdiction to state/jurisdiction.
-
- Maximum Output Software does not warranty the functions contained in the SOFTWARE will meet your
- requirements, or that the operation of the SOFTWARE will be error-free or uninterrupted. Maximum
- Output Software does warrant that the disk(s) on which the program is furnished shall be free from
- defects in materials and workmanship for a period of ninety (90) days from the date of purchase, so long
- as proof of purchase is provided.
-
- CUSTOMER REMEDIES. Maximum Output Software's and its suppliers' entire liability and your
- exclusive remedy shall be, at Maximum Output Software's option, either (a) return of the price paid, or (b)
- repair or replacement of the SOFTWARE that does not meet Maximum Output Software's Limited
- Warranty and which is returned to Maximum Output Software with proof of purchase. 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. Neither these remedies nor any product support services are available outside
- the United States without proof of purchase from an authorized non-U.S. source.
-
- NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Maximum Output
- Software 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 regard to the
- SOFTWARE, the accompanying written materials, and any accompanying hardware. This limited
- warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to
- state/jurisdiction.
-
- NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law,
- in no event shall Maximum Output Software 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 any other pecuniary loss) arising out of the use or inability to use this Maximum Output
- Software product, even if Maximum Output Software has been advised of the possibility of such damages
- or for any claim by any other party. Because some states/jurisdictions do not allow the exclusion or
- limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
-
- U.S. Government Restricted Rights
- The SOFTWARE and documentation are subject to export controls under the United States Export
- Administration Act, as amended, which Act prohibits exports of certain commodities and technical data,
- including software, to specified countries. In particular, the SOFTWARE may not be exported to Cuba,
- Iran, Iraq, Libya, North Korea, Sudan, or Syria. You hereby certify that neither the SOFTWARE nor the
- documentation will be transmitted or forwarded outside of your country.
-
- If you acquired this product in the United States, this Agreement is governed by the laws of the State of
- Texas.
-
-