ELSWARE LTD LICENSES THIS SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS CAREFULLY BEFORE INSTALLING THIS SOFTWARE, AS INSTALLING THE SOFTWARE WILL INDICATE YOUR ASSENT TO THEM.
IF YOU DO NOT AGREE TO THESE TERMS, THEN ELSWARE LTD IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, IN WHICH EVENT YOU SHOULD SIMPLY DELETE THE SOFTWARE FROM YOUR COMPUTER.
LICENSE AND WARRANTY:
The software which accompanies this license (the "Software") is the property of Elsware Ltd or its licensors and is protected by copyright and patent law. While Elsware Ltd continues to own the Software, you will have certain rights to use the Software after your acceptance of this license.
Except as may be modified by a license addendum which accompanies this license, your rights and obligations with respect to the use of this Software are as follows:
- You may:
(i) use a number of copies of the Software on a number of separate computers equal to the number of user licenses you have purchased;
(ii) use the Software on a network, provided that you have a licensed copy of the Software for each computer that can access the Software over that network.
- You may not:
(i) sublicense, rent or lease any portion of the Software;
(ii) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software.
- Limited Warranty:
Elsware Ltd warrants that the media on which the Software is distributed will be free from defects for a period of sixty (60) days from the date of delivery of the Software to you. Your sole remedy in the event of a breach of this warranty will be that Elsware Ltd will, at its option, replace any defective media returned to Elsware Ltd within the warranty period or refund the money you paid for the Software. Elsware Ltd does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.
THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
- Disclaimer of Damages:
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL ELSWARE LTD BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF ELSWARE LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES 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 CASE SHALL ELSWARE LTD'S LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE.
The disclaimers and limitations set forth above will apply regardless of whether you accept the Software.
- General:
This Agreement will be governed by the laws of the State of California.
This Agreement may only be modified by a license addendum which accompanies this license or by a written document which has been signed by both you and Elsware Ltd. Should you have any questions concerning this Agreement, or if you desire to contact Elsware Ltd for any reason, please write:
Elsware Ltd
5886 Oak Hill Rd.
Placerville, CA 95667-8526
Copyright (c) 1999 Elsware Ltd, Inc. and its licensors
