This is a legal agreement between you (either an individual or entity), the end user and BizNisoft, Inc. If you do not agree to the terms of this Agreement, promptly return the disk package and the accompanying items (including written materials and other containers) to BizNisoft, Inc. for a full refund.
SCREEN SAVER SOFTWARE LICENSE GRANT OF LICENSE
(a) Dedicated Use. BizNisoft grants to you the right to use one copy of the SCREEN SAVER software program included with this package on a single computer ("Dedicated Computer"). You may transfer the SOFTWARE to another single computer PROVIDED you do not do so more often than once every thirty (30) days and no copies of the SOFTWARE license herein are retained for use on any other computer. However, if one individual uses the Dedicated Computer more than 80% of the time it is in use, then that individual also may use the SOFTWARE on a personal or home computer. (b) Transitory Use. Notwithstanding (a), you may transfer the right to use the SOFTWARE as often as you like if you require each user of the SOFTWARE to have physical possession of an original SCREEN SAVER SOFTWARE license (either this SCREEN SAVER SOFTWARE License Agreement or an equivalent designated by BizNisoft, Inc.) at all times during the use of the SOFTWARE.
For the purposes of this section, "use" means loading the SOFTWARE into RAM, as well as installation on a hard disk or other storage device (other than a network server). You may access the SOFTWARE from a hard disk, over a network, or any other method you choose, so long as you otherwise comply with this SCREEN SAVER SOFTWARE License Agreement.
COPYRIGHT. The SOFTWARE is owned by BizNisoft, Inc. and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording) except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, 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.
OTHER RESTRICTIONS. This SCREEN SAVER SOFTWARE License Agreement is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent or lease the SOFTWARE, but you may transfer your rights under the SCREEN SAVER SOFTWARE License Agreement on a permanent basis provided you transfer this License Agreement, the SOFTWARE and all accompanying written materials, retain no copies and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile, or disassemble the SOFTWARE. If the SOFTWARE is an update, any transfer must include the update and all prior versions.
LIMITED WARRANTY. BizNisoft, Inc. warrants that the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. Any implied warranties on the SOFTWARE are limited to ninety (90) days. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
CUSTOMER REMEDIES. BizNisoft, Inc. entire liability and your exclusive remedy shall be, at BizNisoft, Inc. option either (a) return of the price paid or (b) replacement of the software that does not meet BizNisoft Inc. Limited Warranty and that it is returned to BizNisoft, Inc. with a copy of your receipt. 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 (30) days whichever is longer.
NO OTHER WARRANTIES. BizNisoft, Inc. disclaims all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with respect to the SOFTWARE, and the accompanying written materials. This warranty gives you the specific legal rights. You may have others, which vary from state to state.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall BizNisoft, Inc. 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 other pecuniary loss) arising out of the use of or inability to use this SCREEN SAVER SOFTWARE product, even if BizNisoft, Inc. has been advised of the possibility of such damages. Because some states do not allow the exclusion or liability for consequential or incidental damages, the above limitation may not apply to you.
U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE 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. Contractor/manufacture is BizNisoft, Inc. This Agreement is governed by the laws of the state of Arizona.
