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- END-USER LICENSE AGREEMENT FOR HIGHPERFORM 97
-
- IMPORTANT-READ CAREFULLY: This End-User License
- Agreement ("EULA") is a legal agreement between
- you (either an individual or a single entity)
- and United Systems Software for the software
- product identified above, which includes
- computer software and associated media and
- printed materials, and may include online or
- electronic documentation ("SOFTWARE PRODUCT" or
- "SOFTWARE"). By installing, copying, or
- otherwise using the SOFTWARE PRODUCT, you
- agree to be bound by the terms of this EULA.
- If you do not agree to the terms of this EULA,
- promptly return the unused SOFTWARE PRODUCT
- to the place from which you obtained it for
- a full refund.
-
- SOFTWARE PRODUCT LICENSE
- The SOFTWARE PRODUCT is protected by copyright
- laws and international copyright treaties, as
- well as other intellectual property laws and
- treaties. The SOFTWARE PRODUCT is licensed, not
- sold.
-
- 1. GRANT OF LICENSE. This EULA grants you the
- following rights:
-
- Storage/Network Use. You are free to install this
- software on a storage device, such as a network
- server, to install or run the SOFTWARE PRODUCT on
- your other computers over an internal network;
- however, you must acquire and dedicate a license
- for each user account created, save the Administrator
- account.
-
- 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- Limitations on Reverse Engineering, Decompilation,
- and Disassembly. You may not reverse engineer,
- decompile, or disassemble the SOFTWARE PRODUCT,
- except and only to the extent that such activity is
- expressly permitted by applicable law notwithstanding
- this limitation.
-
- Separation of Components. The SOFTWARE PRODUCT
- is licensed as a single product. Its component
- parts may not be separated for use on more than
- one computer.
-
- Rental. You may not rent or lease the SOFTWARE PRODUCT.
-
- Software Transfer. You may permanently transfer all
- of your rights under this EULA, provided you retain
- no copies, you transfer all of the SOFTWARE PRODUCT
- (including all component parts, the media and
- printed materials, any upgrades, this EULA and,
- if applicable, the Certificate of Authenticity),
- and the recipient agrees to the terms of this EULA.
- If the SOFTWARE PRODUCT is an upgrade, any transfer
- must include all prior versions of the SOFTWARE PRODUCT.
-
- Termination. Without prejudice to any other rights, United Systems may
- terminate this EULA if you fail to comply with the terms and
- conditions of this EULA. In such event, you must destroy all
- copies of the SOFTWARE PRODUCT and all of its component parts.
-
- 3. UPGRADES. If the SOFTWARE PRODUCT is labeled as
- an upgrade, you must be properly licensed to use a
- product identified by United Systems as being eligible
- for the upgrade in order to use the SOFTWARE PRODUCT.
- A SOFTWARE PRODUCT labeled as an upgrade replaces
- and/or supplements the product that formed the basis
- for your eligibility for the upgrade, and following
- the upgrade you may use the resulting SOFTWARE PRODUCT
- only in accordance with the terms of this EULA. If the
- SOFTWARE PRODUCT is an upgrade of a component of
- a package of software programs that you licensed as a
- single product, the SOFTWARE PRODUCT may be used and
- transferred only as part of that single product package
- and may not be separated for use on more than one computer.
-
- 4. COPYRIGHT. All title and copyrights in and to the
- SOFTWARE PRODUCT (including but not limited to any images,
- photographs, animations, video, audio, music, text, and
- "applets," incorporated into the SOFTWARE PRODUCT),
- the accompanying printed materials, and any copies
- of the SOFTWARE PRODUCT, are owned by United Systems or its
- suppliers. The SOFTWARE PRODUCT is protected by copyright
- laws and international treaty provisions. Therefore,
- you must treat the SOFTWARE PRODUCT like any other
- copyrighted material except that you may either (a) make
- one copy of the SOFTWARE PRODUCT solely for backup or
- archival purposes, or (b) install the SOFTWARE 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 SOFTWARE PRODUCT.
-
- 5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE
- PRODUCT in more than one medium. Regardless of the type or
- size of medium you receive, you may use only one medium that
- is appropriate for your single computer. You may not use or
- install the other medium on another computer. You may not
- loan, rent, lease, or otherwise transfer the other medium
- to another user, except as part of the permanent transfer
- (as provided above) of the SOFTWARE PRODUCT.
-
- 6. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT
- 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.
-
- 7. EXPORT RESTRICTIONS. You agree that you will not export
- or re-export SOFTWARE PRODUCT to any country, person,
- entity or end user subject to U.S.A. export restrictions.
- Restricted countries currently include, but are not necessarily
- limited to Cuba, Iran, Iraq, Libya, North Korea, Syria, and
- the Federal Republic of Yugoslavia (Serbia and Montenegro,
- U.N. Protected Areas and areas of Republic of Bosnia and
- Herzegovina under the control of Bosnian Serb forces).
- You warrant and represent that neither the U.S.A. Bureau
- of Export Administration nor any other federal agency has
- suspended, revoked or denied your export privileges.
-
- LIMITED WARRANTY
- LIMITED WARRANTY. United Systems warrants that (a) the
- SOFTWARE PRODUCT will perform substantially in accordance
- with the accompanying written materials for a period of
- ninety (90) days from the date of receipt. Some states and
- jurisdictions do not allow limitations on duration of
- an implied warranty, so the above limitation may not
- apply to you. To the extent allowed by applicable law,
- implied warranties on the SOFTWARE PRODUCT are limited to
- ninety (90) days.
-
- CUSTOMER REMEDIES. United Systems' and its suppliers'
- entire liability and your exclusive remedy shall be,
- at United Systems' option, either (a) return of the price paid,
- or (b) repair or replacement of the SOFTWARE PRODUCT that does
- not meet United Systems' Limited Warranty and which is returned
- to United Systems. This Limited Warranty is void if failure of the
- SOFTWARE PRODUCT has resulted from accident, abuse, or
- misapplication. Any replacement SOFTWARE PRODUCT will be warranted
- for the remainder of the original warranty period or thirty (30)
- days, whichever is longer.
-
- NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED
- BY APPLICABLE LAW, UNITED SYSTEMS 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 PRODUCT. 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
- UNITED SYSTEMS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
- INCIDENTAL, INDIRECT, OR CONSEQUENTIAL 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 OF OR INABILITY TO USE THE
- SOFTWARE PRODUCT, EVEN IF UNITED SYSTEMS HAS BEEN ADVISED
- OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE
- SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION
- OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
- DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
-