PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.
1. License. The software accompanying this License (the "Software") and the related documentation are licensed to you by Digital Frontiers. You own the disk on which the Software is recorded but Digital Frontiers retains title to the Software and related documentation. This License allows you to use the Software on a single computer. You may also transfer all your license rights in the Software and a copy of this License to another party, provided the other party reads and agrees to accept the terms and conditions of this License.
2. Restrictions. The Software contains copyrighted material, trade secrets and other proprietary material. In order to protect them, and except as permitted by applicable legislation, you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. You may not modify, network, rent, lease, loan, distribute, publish, copy or create derivative works based upon the Software in whole or in part. You may not electronically transmit the Software from one computer to another or over a network.
3. Termination. This License is effective until terminated. This License will terminate immediately without notice from Digital Frontiers if you fail to comply with any provisions of this License.
4. Limited Warranty. Digital Frontiers warrants the disk on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of the receipt. Digital Frontiers entire liability and you exclusive remedy will be replacement of the disk not meeting Digital Frontiers limited warranty and which is returned to Digital Frontiers or an authorized representative with a copy of the receipt. Digital Frontiers will have no responsibility to replace a disk damaged by accident, abuse or misapplication . You expressly acknowledge and agree that use of the Software contained on the disk is at your sole risk. The Software is provided "AS IS" and without warranty of any kind and Digital Frontiers EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO , THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO BOTH THE DISK AND THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
5. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL DIGITAL FRONTIERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THIS SOFTWARE OR RELATED DOCUMENTATION WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) PRODUCT LIABILITY OR OTHERWISE, OR FOR ANY DEFECTS, INCLUDING VIRUSES, CONTAINED IN THE SOFTWARE OR ON THE DISK EVEN IF DIGITAL FRONTIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES . SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall Digital Frontiers total liability to you for all damages, losses and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the disk.
6. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the United States and the State of Illinois. If for any reason a court of competent jurisdiction finds any provision of this License, or portion there of, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
7. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software, and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Digital Frontiers, LLC.s
