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-
- LICENSE AGREEMENT
-
- This is a legal agreement between you, the end user, and BMT
- Micro, Inc. BMT Micro, Inc. shall mean BMT, BMT Micro, and
- BMT Micro, Inc.
-
- 1. Grant of License The Software is not public domain software
- nor is it free software.
-
- A single user license grants you the right to use one copy of
- the Software on a single terminal connected to a single computer
- (ie. CPU). A licensed user may use the Software on different
- computers, but will not use the Software on more than one
- computer at the same time.
-
- 2. Grant of Network License. A site license permits a company
- with multiple users to use several copies of the Software on
- stand-alone computers, or to use a single copy over a network.
- A computer network is any combination of two or more terminals
- that are electronically linked and capable of sharing the use of
- a single software program. A licensed computer network is a
- computer network for which you have acquired and dedicated at
- least one version of the Software (which can run alone or as a
- network server). If you wish to arrange for a site license,
- please contact BMT Micro for more details.
-
- 3. Copyright. The Software is owned in whole or in part by BMT
- Micro, Inc and all rights are reserved. You may either (a)
- make two copies of the Software solely for backup or archival
- purposes provided that you reproduce all copyright and other
- proprietary notices that are on the original copy of the
- Software provided to you, or (b) transfer the Software to a
- single hard disk provided you keep the original solely for
- backup or archival purposes. You may not copy the written
- materials accompanying the Software.
-
- 4. Other Restrictions. You may not rent or lease the Software.
- You may not reverse engineer, decompile, disassemble, or create
- derivative works from the Software.
-
- 5. Termination. A breach of any term or condition in this
- Agreement by a licensed user will entitle BMT to terminate the
- license granted hereby. Upon notice of termination from BMT
- you agree that you will immediately cease the use of the
- Software, remove it from your computer system and destroy any
- Software disks or manuals acquired from BMT Micro, Inc.
-
- 7. General. This Agreement will be governed by the laws of
- the USA. Any dispute in relation to this Agreement will be
- determined by the court of Wilmington, NC and every licensed
- user expressly attorns to the exclusive jurisdiction of the
- courts of the USA. Should you have any questions concerning this
- Agreement or if you desire to contact BMT Micro, Inc. for any
- reason, please write: BMT Micro, Inc., PO Box 15016, Carolina
- Beache Rd., Ste 202 Wilmington, NC USA 28412, FAX 910-350-2937.
-
-
-
- SOFTWARE LIMITED WARRANTY
-
- To the original customer purchasing this product in the first
- instance only, BMT Micro provides the following warranties:
-
- 30 Day Satisfaction Guarantee. If you are dissatisfied with the
- Software for any reason we will refund your money for a period
- of 30 days from the date of original purchase.
-
- BMT warrants that the Software will perform in substantial
- compliance with the documentation supplied with the Software. If
- a material defect in the Software is found, you may return the
- Software to us for a refund. In no event will such a refund
- exceed the purchase price of the Software. This is your sole and
- exclusive remedy for any breach of warranty during this 30 day
- period.
-
- BMT Micro does not warrant that the Software will meet your
- requirements, that operation of the Software will be
- uninterrupted or error-free, or that all Software errors will be
- corrected. BMT Micro is not responsible for problems caused by
- changes in the operating characteristics of computer hardware or
- computer operating systems which are made after the release of
- the Software nor for problems in the interaction of the Software
- with other software. BMT Micro will have no responsibility to
- replace or refund the license fee of media damaged by accident,
- abuse or misapplication.
-
- THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
- WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED
- WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
- AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE
- GIVEN BY BMT, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS
- WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY
- NEW WARRANTIES. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME
- THE RISK OF PAYING THE ENTIRE COST OF ALL NECESSARY SERVICING,
- REPAIR OR CORRECTION AND ANY INCIDENTAL OR CONSEQUENTIAL
- DAMAGES. IN NO EVENT WILL BMT BE LIABLE FOR ANY DAMAGES
- WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF
- BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
- INFORMATION AND THE LIKE) ARISING OUT OF THE USE OR THE
- INABILITY TO USE THIS PRODUCT EVEN IF BMT HAS BEEN ADVISED OF
- THE POSSIBILITY OF SUCH DAMAGE.
-
- If any provision of this Agreement, including the breadth or
- scope of such provision will be held by any court of competent
- jurisdiction to be invalid or unenforceable, in whole or in
- part, such invalidity or unenforceability will not affect the
- validity or enforceability of the remaining provisions of this
- Agreement and such remaining provisions will remain enforceable
- and binding. Such invalid or unenforceable parts (especially if
- invalid or unenforcable by USA laws) will be replaced by
- corresponding.
-
-
- LIMITATION OF REMEDIES
-
- REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT
- FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL BMT OR ANY OF
- ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS 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 OR ANY DATA SUPPLIED THEREWITH
- EVEN IF BMT OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY
- OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
-
- SOME STATES AND PROVINCES 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 WILL BMT's LIABILITY EXCEED THE PURCHASE PRICE FOR THE
- SOFTWARE.