THIS IS A CONTRACT. YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY NOTIONS SOFTWARE, A SUBSIDIARY OF NOTIONS SYSTEMS INCORPORATED (COLLECTIVELY, "NOTIONS SYSTEMS"), TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.
Notions Systems grants you a nonexclusive license to use the accompanying software program(s) (the "Software"), provided that you agree to the terms and restrictions set forth in this License Agreement.
1. Use of the Software
The Software is licensed to be used on any personal computer and/or any handheld device product. You may make and distribute copies of the Software (not including copies for commercial distribution). Each copy that you distribute must contain this Agreement and the same copyright and other proprietary notices pertaining to this Software. You may transmit copies of the Software between PalmPilot or compatible devices. You may not distribute modified versions of this Software. You may offer unmodified versions of this Software for download. You may not charge a fee for the Software. You may not offer the Software for download from a page with advertising or other revenue generating mechanism without written permission from Notions Systems.
2. Copyright.
The Software and any copies that you make are owned by Notions Systems and its suppliers, and its structure, organization and code are the valuable trade secrets of Notions Systems and its suppliers. The Software is also protected by United States Copyright Law and International Treaty provisions. You must treat the Software just as you would any other copyrighted material, such as a book. You may not copy the Software, except as set forth in the "Use of the Software" section. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owners' names. Trademarks can only be used to identify printed output produced by the Software and such use does not give you any rights of ownership in that trademark. This Agreement does not grant you any intellectual property rights in the Software. This Agreement provides the terms and conditions under which you are licensed to use the Software. It is not an agreement for the sale of the Software to you.
3. Restrictions. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the
source code of the Software.
4. Limited Warranty.
Notions Systems warrants to you that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following your receipt of the Software. To make a warranty claim, you must return the Software to the location where you obtained it along with proof of purchase within such ninety (90) day period. If the Software does not perform substantially in accordance with the Documentation, the entire liability of Notions Systems and your exclusive remedy shall be limited to either, at Notions Systems' option, the replacement of the Software or the refund of the license fee you paid for the Software. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR NOTIONS SYSTEMS' OR ITS SUPPLIERS' BREACH OF WARRANTY. THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
For further warranty information, please contact Notions Systems' Customer Support Department.
5. DISCLAIMER OF WARRANTIES.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 5, NOTIONS SYSTEMS AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. NOTIONS SYSTEMS AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.
6. Limitation of Liability.
IN NO EVENT WILL NOTIONS SYSTEMS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A REPRESENTATIVE OF NOTIONS SYSTEMS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. Governing Law and General Provisions.
This Agreement will be governed by the laws in force in the State of Illinois excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms, in which event you must destroy all copies of the Software. This Agreement may only be modified by a writing signed by an authorized officer of Notions Systems, although Notions Systems may vary the terms of this Agreement in connection with the licensing of any Updates to you.
8. Notice to U.S. Government End Users.
The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. º2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. º12.212 or 48 C.F.R. º227.7202, as applicable. Consistent with 48 C.F.R. º12.212 or 48 C.F.R. ºº227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. Notions Systems Incorporated, 200 East 5th Avenue, Naperville, IL 60563, USA.
