LICENSE AGREEMENT
PLEASE
READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY INSTALLING OR USING
THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.
PLEASE
NOTE THAT USE OR DISTRIBUTION OF THE SOFTWARE WITH A MICROSOFT OPERATING
SYSTEM MAY REQUIRE ADDITIONAL LICENSES FROM MICROSOFT AND MICRO EXPRESS. ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR YOUR FAILURE TO
OBTAIN SUCH LICENSES, IF REQUIRED.
1.
License. The software accompanying this
License (hereinafter "Software"), regardless of the media on which
it is distributed, are licensed to you by Micro express, (hereafter "ME") for use solely in conjunction with
ME computers purchased with the Software ("ME Hardware"). You own
the medium on which the Software is recorded, but ME and ME's Licensors
(referred to collectively as "ME") retain title to the Software
and related documentation. You may:
a)
load the Software into ME Hardware;
b)
use the Software solely in conjunction with a single ME Hardware;
c)
make one copy of the Software in machine-readable form for backup purposes
only. You must reproduce on such copy ME's copyright notice and any other
proprietary legends that were on the original copy of the Software;
d)
transfer all your license rights in the Software provided you must also
transfer a copy of this License, the backup copy of the Software, the ME Hardware and the related documentation and provided the other party reads and
agrees to accept the terms and conditions of this License. Upon such transfer
your license is then terminated.
2.
Restrictions. The Software contains
copyrighted and patented material, trade secrets and other proprietary
material. In order to protect them, and except as permitted by applicable
legislation, you may not:
a)
decompile, reverse engineer, disassemble or otherwise reduce the Software to a
human-perceivable form;
b)
modify, network, rent, lend, loan, distribute or create derivative works based
upon the Software in whole or in part; or
c)
electronically transmit the Software from one computer to another or over a
network or otherwise transfer the Software except as permitted by this
License.
3.
Termination. This License is effective
until terminated. You may terminate this License at any time by destroying the
Software, related documentation and all copies thereof. This License will
terminate immediately without notice from ME if you fail to comply with any
provision of this License. Upon termination you must destroy the Software,
related documentation and all copies thereof.
4.
No Other License. No rights or licenses
are granted by ME under this License, expressly or by implication, with
respect to any proprietary information or patent, copyright, trade secret or
other intellectual property right owned or controlled by ME, except as
expressly provided in this License.
5.
Disclaimer of Warranty on Software. You
expressly acknowledge and agree that use of the Software is at your sole risk.
The Software and related documentation are provided "AS IS" and
without warranty of any kind and ME EXPRESSLY DISCLAIMS ALL WARRANTIES,
EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ME DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR
THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR
THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK AS TO THE
RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FURTHERMORE, ME DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, CURRENT NESS, OR OTHERWISE. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY ME OR ME'S AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF
THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT ME OR ME'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
6.
Limitation of Liability. UNDER NO
CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL ME, OR ITS DIRECTORS, OFFICERS,
EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT
OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION,
BREACH OR DEFAULT, INCLUDING THOSE ARISING FROM INFRINGEMENT OR ALLEGED
INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL
PROPERTY RIGHT, BY ME, EVEN IF ME OR ME'S AUTHORIZED REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS 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. SAGER will
not be liable for loss of, or damage to, your records or data.
7.
Controlling Law and Sever ability. This
entire Agreement including the above disclaimer shall be construed,
interpreted and governed by the laws of the State of California.
8.
Complete Agreement. This License
constitutes the entire agreement between the parties with respect to the use
of the Software and the related documentation, and supersedes all prior or
contemporaneous understandings or agreements, written or oral, regarding such
subject matter. No amendment to or modification of this License will be
binding unless in writing and signed by a duly authorized representative of ME.
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