The following Software License applies to all ACTIVATED copies of PowerLaunch Lite. Please read this license carefully!
The enclosed computer program(s) (“Software”) is Licensed, not sold, to you by Interealm for use only under the terms of this License, and Interealm reserves any rights not expressly granted to you. You own the disk(s) on which the Software is recorded or fixed, but Interealm and its Licensers retain ownership of the Software, its’ serial number(s) and/or activation key(s), preference file(s), and documentation itself.
I. License. This License allows you to :
Use one copy of the Software on a single computer at a time. To “use” the Software means that the Software is either loaded in the temporary memory (i.e., RAM) of a computer or installed on the permanent memory of a computer (i.e., hard disk, CD ROM, etc.) You may install the Software on a common storage device which is accessible by multiple computers, provided that if more computers have access to the common storage device than the number of Licensed copies of the Software, you must have some Software mechanism which locks-out any concurrent users in excess of the number of Licensed copies of the Software.
Make one copy of the Software in machine readable form solely for backup purposes. Additionally, only so long as the Software is installed on the permanent memory of single desktop computer which is not accessible by multiple computers and that single desktop computer is used by one user for at least 80% of the time the computer is in use, that same user may also make a copy of the Software to use on a portable or home computer which is primarily used by such user. As an expressed condition of this License, you must reproduce on each copy any copyright notice or other proprietary notice that is on the original copy supplied by Interealm.
Permanently transfer all your rights under this License to another party by providing to such party all copies of the Software Licensed under this License together with a copy of this License and the accompanying materials, provided that the other party reads and agrees to accept the terms and conditions of this License.
II. Restrictions. The Software contains trade secrets in its human perceivable form and, to protect them, you may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
III. Termination. This License if effective until terminated. This License will terminate immediately without notice from Interealm or judicial resolution if you fail to comply with any provision of this License. Upon such termination, you must destroy the Software, all accompanying files, written materials, and all copies thereof. Conditions IV, V, and VI will survive any termination.
IV. Limited Warranty. Interealm warrants for a period of ninety (90) days from your date of purchase that (i) the disk(s), from Interealm, on which the Software is recorded, will be free of defects in materials and workmanship under normal use, and (ii) the Software as provided by Interealm will substantially conform to Interealm’s published specifications for Software. Interealm’s entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at Interealm’s option, replacement of the disk(s), refund of the purchase price or repair or replacement of the Software.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY INTEREALM AND INTEREALM AND ITS LICENSERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
V. Limitation of Remedies and Damages. The Software is supplied as is. Interealm hereby disclaims all warranties relating to the Software, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose. Interealm will not be liable for any special, incidental, consequential, indirect or similar damages due to loss of data or any other reason, even if Interealm, or an agent of Interealm has been advised of the possibility of such damages. In no event shall Interealm’s liability for any damages ever exceed the price paid for the License to use the Software, regardless of the form of the claim. The person using the Software bears all risk as to the quality and performance of the Software.
VII. General. This License will be construed under the laws of Colorado, except for that body of law dealing with conflicts of law. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. If you are a U.S. Government user then the Software is provided with “RESTRICTED RIGHTS” as set forth in the paragraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR52.227-19 or subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.277-7013, as applicable. Manufacturer : Interealm, P.O. box 110177, Aurora, CO. 80042
