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LICENSE.DOC
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1997-05-26
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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.