This is a legal agreement between you the end user, and GreenTree Technologies, Inc. ("GREENTREE") By opening this sealed disk package, you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, promptly return the unopened disk package and the accompanying items (including written documentation) to the place you obtained them, for a full refund.
1. GRANT OF LICENSE. GREENTREE grants you the right to use one copy of the enclosed GREENTREE software program (the "SOFTWARE") on a single computer. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. However, installation on a network server for the sole purpose of internal distribution shall not constitute "use" for which a separate license is required, provided you have a separate license for each computer to which the software is distributed. .
2. COPYRIGHT. The SOFTWARE is owned by GREENTREE 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.
3. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE or transfer the SOFTWARE and accompanying written materials on a permanent basis without written consent from GREENTREE. You may not reverse engineer, decompile, reverse engineer or disassemble the SOFTWARE. If SOFTWARE is an update, any transfer must include the update and all prior versions.
4. DUAL MEDIA SOFTWARE. If the SOFTWARE package contains both 3 1/2" and 5 1/4" disks, then you may use only the disks appropriate for your single-user computer. You may not use the other disks on another computer or loan, rent, lease or transfer them to another user except as part of the permanent transfer (as provided above) of all SOFTWARE and written materials.
5. REPRODUCTION AND DISTRIBUTION. GREENTREE grants you a royalty-free right to reproduce and distribute the runtime support modules included with this SOFTWARE (OCXs) with your applications, provided that (a) you distribute the OCXs only in conjunction with and as part of your application; (b) do not use GREENTREE's name, logo or trademarks to market your application without express written consent of GREENTREE; (c) include GREENTREE's copyright notice for the SOFTWARE on your product label; and (d) agree to indemnify, hold harmless and defend GREENTREE from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your application with the OCXs.
LIMITED WARRANTY
LIMITED WARRANTY. GREENTREE warrants that the original disks are free from defects for 90 days from the date of delivery of the SOFTWARE
CUSTOMER REMEDIES. GREENTREE'S entire liability and your exclusive remedy shall be, at GREENTREE'S option, either (a) return of the price paid or (b) replacement of the SOFTWARE which does not meet GREENTREE'S Limited Warranty and which is returned to GREENTREE with a copy of your receipt. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. THESE REMEDIES ARE NOT AVAILABLE OUTSIDE OF THE UNITED STATES OF AMERICA.
NO OTHER WARRANTIES. GREENTREE 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 limited warranty gives you specific legal rights. You may have others which vary from state to state.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall GREENTREE 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 the SOFTWARE, even if GREENTREE has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability, for consequential or incidental damages, the above limitation may not apply to you.
This agreement is governed by the laws of the State of New York.
US 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. Manufacturer is GreenTree Technologies Inc. 33 Walt Whitman Road, Huntington, New York 11746.
