License Agreement & Disclaimer
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ei software, Inc.
End-User License Agreement

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE RUNNING THE ENCLOSED SOFTWARE.  THIS AGREEMENT LICENSES THE ENCLOSED SOFTWARE TO YOU AND CONTAINS WARRANTY AND LIABILITY LIMITS AND DISCLAIMERS.  BY RUNNING THE ENCLOSED SOFTWARE, YOU ARE AGREEING TO BECOME BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND DO NOT USE THIS SOFTWARE.

1.	Definitions.

(a)	"Color Visions Software" means the software program included in the enclosed package, and all related updates supplied by ei software, Inc.

(b)	"Color Visions Product" means the Color Visions Software and the related documentation and models and multimedia content (such as animation, sound and graphics), and all related updates. 

2.	License.  This Agreement allows you to:
 
(a)	Use the Color Visions Software in object form only, on a single computer.

(b)	Make one copy of the Color Visions Software in machine-readable form solely for your own backup purposes.  You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Color Visions Software. You are not allowed to modify the Color Visions Software, or any copy thereof, in any way.

3.	Restrictions.  You may not make or distribute copies of the Color Visions Product, or electronically transfer the Color Visions Software from one computer to another or over a network.  You may not decompile, reverse engineer, disassemble, or otherwise reduce the Personal Color Viewer Software to a human-perceivable form.  You may not modify, rent, resell for profit, distribute or create derivative works based upon the Color Visions Software or product, or any part thereof.  You may not export or reexport, directly or indirectly, the Color Visions Product into any country prohibited by the United States Export Administration Act and the regulations thereunder.

4.	Ownership.  The foregoing license grants give you limited rights to use the Personal Color Viewer Software and Produce.  Although you own the disk or CD-ROM on which the Color Visions Software is recorded, you do not become the owner of, and you specifically agree that ei software, inc. retains title to, the Color Visions Software and any Color Visions files, and all copies thereof.  All rights not specifically granted in this Agreement are reserved by ei software, Inc..

5.	Limited Warranties.

(a)	ei software, inc. warrants that, for a period of ninety (90) days from the date of delivery of your lawfully obtained copy of the Color Visions Software (as evidenced by a copy of your receipt):  (i) the Color Visions Software will perform in substantial conformance with the documentation supplied as part of the Color Visions Product and (ii) that the media on which the Color Visions Software is furnished will be free from defects in materials and workmanship under normal use.  EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, ei software, inc. DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE Color Visions PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF DELIVERY.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EI SOFTWARE, INC., ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE OR OTHERWISE MODIFY THE SCOPE OF THIS WARRANTY.

(b)	SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.

6.	Exclusive Remedies.

(a)	Your exclusive remedy under this License Agreement & Disclaimer  is to return the Personal Color Viewer Software to the place you acquired it, with a copy of your receipt and a description of the problem. ei software, Inc. will use reasonable commercial efforts to supply you with a replacement copy of the Color Visions Software that reasonably conforms to the documentation or to provide a replacement for the defective media, as appropriate.  ei software, Inc. shall have no responsibility with respect to Color Visions Software that has been altered in any way or where the non-conformance arises out of use of the Color Visions Software in conjunction with software or hardware not supplied by ei software, Inc. or with respect to any media damaged by accident, abuse or misapplication, or otherwise out of the control of ei software, Inc.

(b)	As your exclusive remedy in the event of a breach of the Limited Warranty, ei software, Inc. may refund your purchase price for the Color Visions Product, or replace the product, at ei software, Inc.'s sole descretion

7.	Limitations of Damages.

(a)	ei software, INC.  SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ei software, INC. OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(b)	ei software, Inc.'s TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $1.00 OR THE AMOUNT PAID BY YOU FOR THE Color Visions SOFTWARE THAT CAUSED SUCH DAMAGES.

(c)	SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

8.	Basis of Bargain.  The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the bargain between ei software, Inc. and you. ei software, Inc. would not be able to provide the Color Visions Software on an economic basis without such limitations.

9.	General.  This Agreement shall be governed by the laws of the Commonwealth of Massachusetts.  This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.  All questions concerning this Agreement shall be directed to ei software, Inc. at the address provided below.

Trademarks and Copyright Notice

Color Visions Software contains Macromedia Flash(tm) Player software by Macromedia, Inc., Copyright (c) 1995-1999 Macromedia, Inc. All rights reserved. Macromedia and Flash are trademarks of Macromedia, Inc.

Copyright (c) 2003 ei software, Inc. All rights reserved.  
Information in this document is subject to change without notice.  

The software may be used or copied only in accordance with the terms of those agreements.

No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or any means electronic of mechanical, including photocopying and recording for any purpose other than the purchaser's personal use without the written permission of ei Software.

ei software, Inc.
96 West Main St.
Suite D
Northborough, MA 01532
www.eisoftwareinc.com