NOTICE: NORTH AMERICAN BOTANY IS WILLING TO LICENSE THE ACCOMPANYING 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 OPENING THE PACKAGE (IF APPLICABLE) OR PRESSING THE "AGREE" BUTTON, BECAUSE OPENING THE PACKAGE (IF APPLICABLE) OR PRESSING THE "AGREE" BUTTON WILL INDICATE YOUR AGREEMENT TO SUCH TERMS. IF YOU ARE READING THIS LICENSE AGREEMENT, YOU MUST HAVE ALREADY PURCHASED THIS SOFTWARE AND READ THE FRONT LABEL WHICH EXPLAINS THAT YOU MUST HAVE GONE TO THE WEBSITE AND READ THIS LICENSE AGREEMENT ON THE WEBSITE BEFORE OPENING THE PACKAGE THIS SOFTWARE CAME IN. IF YOU DO NOT AGREE TO THESE TERMS, THEN NORTH AMERICAN BOTANY IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, AND (IF APPLICABLE) YOU SHOULD PROMPTLY RETURN THE SOFTWARE TO THE PLACE FROM WHICH IT WAS ACQUIRED FOR A REFUND OF YOUR MONEY.
The Software and accompanying documentation, whether on disk, in read only memory, on any other media or in any other form (collectively the "Software"), are licensed (not sold) to you ("Licensee") by North American Botany ("Licensor") for use only under the terms of this License ("License") and Licensor reserves all rights not expressly granted to Licensee. The rights granted herein are limited to Licensor's intellectual property rights in the Software and do not include any other patent or intellectual property rights. Licensee owns the media on which the Software is recorded but Licensor retains ownership in the Software itself.
1. License. Licensee is granted a limited, non-exclusive and non-transferable license to do only the following: (A) Install and use one copy of the Software on a single computer for Licensee's private use only and not for use by or in connection with any other person or entity, commercial or otherwise; and (B) Make one copy of the Software in machine-readable form solely for backup purposes; provided, however, that Licensee must reproduce on the copy all copyright and proprietary notices contained on the original.
2. Restrictions. Licensee may not copy the Software, or any part thereof, except, and only, to the limited extent expressly permitted in Section 1 above. Licensee may not allow the Software to exist on more than one computer at a time. Licensee may not use the Software from multiple locations of a multi-user or networked system where it could be used by multiple computers at any one time. Licensee may not distribute copies of the Software to others or electronically transfer the Software from one computer to another over a network or the Internet. Licensee may not decompile, reverse engineer, disassemble, modify, adapt, translate or create derivative works of the Software, or any part thereof. No right is granted for the use of the Software directly or indirectly for or by any third person or entity, commercial or otherwise. Licensee may not use any of the pictures in this software or on its CD or DVD for any other uses except for the use solely in this software. Licensee may not screen-capture any of this program in an attempt to get pictures to use in any other application or for any other purpose. The use of pictures as wallpapers, is only for the computer that this software is licensed to be installed on. Licensee may not use the Software, in any way, for or on behalf of any third person or entity without first having entered into a separate written License Agreement with Licensor relating to such use.
3. Protection and Security. Licensee agrees to use its best efforts and to take all reasonable steps to safeguard the Software to ensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution in whole or in part, in any form, shall be made. Licensee acknowledges that the Software contains valuable copyrighted subject matter, confidential information and trade secrets and that unauthorized use and/or copying are harmful to Licensor.
4. Term and Termination: This License is effective until terminated. Licensee may terminate this license at any time by destroying all copies, full or partial, of the Software and all related documentation. In addition, Licensor has the right to terminate this License immediately upon notice to Licensee. This License will terminate immediately and automatically without notice from Licensor if Licensee fails to comply with any term(s) of this License. Upon termination of this License, Licensee must cease all use of the Software and destroy all copies, full or partial, of the Software.
5. Disclaimer of Warranties; Limitation of Liabilities. THE SOFTWARE AND ACCOMPANYING DOCUMENTATION ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE EXTENT ALLOWED BY APPLICABLE LAW, LICENSOR HEREBY DISCLAIMS AND EXCLUDES ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND LICENSOR FURTHER DISCLAIMS AND EXCLUDES ALL WARRANTIES AND CONDITIONS ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE.
IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, NOR SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF, OR INABILITY TO USE, THE SOFTWARE, HOWEVER CAUSED, AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) EVEN IF LICENSOR OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSEE ASSUMES SOLE RESPONSIBILITY FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM USE OF THE SOFTWARE. WITHOUT IN ANY WAY LIMITING THE FOREGOING, IN NO EVENT SHALL ANY LIABILITY OF LICENSOR OR ITS SUPPLIER(S), WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE PRICE PAID FOR THE SOFTWARE.
6. Export Controls. This Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Licensee shall comply strictly with all such regulations.
7. Governing Law, Jurisdiction and Venue. This License is entered into in the State of Arizona, United States of America. This License shall be governed by and construed in accordance with the laws of the State of Arizona, United States of America without giving effect to the principles of the conflicts of law thereof. Any action brought in connection with this License shall be brought in the state or federal courts located in the State of Arizona, United States of America and Licensee consents to jurisdiction (including personal jurisdiction over the Licensee) and venue in such courts, and Licensee further agrees to waive formal service of process and consents to receive service of process by mail.
8. Enhancements. From time to time Licensor may, in its sole discretion, advise Licensee of updates, upgrades, enhancements or improvements to the Software and/or new releases of the Software (collectively, "Enhancements"), and may license Licensee to use such Enhancements upon payment of prices as may be established by Licensor from time to time. All such Enhancements to the Software provided to Licensee shall also be governed by the terms of this License or another license provided with the Enhancements.
9. Assignment and Transfer. This License may be assigned by Licensor without notice to Licensee. This License shall inure to the benefit of Licensor and its successors and assigns. Licensee may not assign, license, sell or otherwise transfer this License without first having obtained the express written consent of Licensor.
10. Severability; Entire Agreement. If any provision of this License is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect. This License constitutes the entire agreement between the parties with respect to use of the Software and supercedes all prior or contemporaneous understandings regarding such subject matter. This License may not be amended or modified without the express written consent of the Licensor.
11. Headings. The headings of the various paragraphs in this License are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this License.
12. THE NOTES INCLUDED IN THIS PROGRAM ARE FOR INFORMATION AND ARE NOT INTENDED TO STAND AS A FULLY AUTHORITATIVE AND DEPENDABLE SOURCE FOR DETERMINING WHETHER THESE PLANTS ARE ACTUALLY EDIBLE BY ALL PEOPLE OR GOOD FOR MEDICINAL PURPOSES. THEY DO ATTEMPT TO SUMMERIZE WHAT IS COMMONLY REPORTED AND SOME PERSONAL EXPERIMENTATION.
13. Notices. Any notices or other communications under this License to Licensor must be mailed first class, postage prepaid to the following address: North American Botany, P.O. Box 41518, Phoenix, AZ 85080, USA. Licensor may otherwise be contacted by e-mail at staff@nambotany.com.
