7
Software License And Limited Warranty
This
is an agreement between you, the end user, and Granite River,
Inc. ("Granite River"). By using this software, you
are agreeing to become bound by the terms of this agreement.
IF
YOU DO NOT AGREEE TO THE TERMS OF THIS AGREEMENT, DO NOT USE
THIS SOFTWARE. PROMPTLY RETURN THE ENTIRE PACKAGE TO THE PLACE
WHERE YOU OBTAINED IT FOR A FULL REFUND.
GRANT
OF LICENSE
Granite
River, as Licensor, grants to you, the Licensee, a non-exclusive
right to use this software program (hereinafter the "Software")
in accordance with the terms contained in this license. You
may use the Software on a single computer. If you wish to use
the Software on more than one computer, you must either erase
the software from the first computer when you move the Software
to another computer, or else purchase two copies of the Software.
You may execute the Software from a common disk shared by multiple
computers provided that one authorized copy of the Software
has been licensed for each computer executing the Software.
SITE
LICENSE GRANT
If
you acquire a "SITE LICENSE" you are granted the right
to use the Software simultaneously on the number of computers
granted by the SITE LICENSE. Each single-user computer, workstation
attached to a network, network computer, laptop computer, terminal
or workstation attached to a multi-user computer or other computer
commonly thought of as a single computer is a "single computer"
for purposes of this license.
OWNERSHIP
OF SOFTWARE
Granite
River retains the copyright, title and ownership of the SOFTWARE
and the written materials regardless of the form or media in
or on which the original and other copies may exist. You may
make one (1) copy of the SOFTWARE solely for backup purposes.
You must reproduce and include the copyright notice on the backup
copy.
TRANSFERS
You
may physically transfer the SOFTWARE from one of your computers
to another provided that the SOFTWARE is used on only one computer
at a time. You may not distribute copies of the SOFTWARE or
accompanying written materials to others. You may not transfer
the SOFTWARE to anyone without the prior written consent of
Granite River. In no event may you transfer, assign, rent, lease,
sell or otherwise dispose of the SOFTWARE on a temporary basis.
TERMINATION
This
License is effective until terminated. This License will terminate
automatically without notice from Granite River if you fail
to comply with any provision of this License. Upon termination
you shall destroy the written materials and all copies of the
SOFTWARE, including modified copies, if any.
US
GOVERNMENT RESTRICTED RIGHTS
The
SOFTWARE and any accompanying materials are provided with Restricted
Rights. Use, duplication or disclosure by the Government is
subject to restrictions as set forth in subparagraph (c)(1)(ii)
of The Rights in Technical Data and Computer Software clause
at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the
Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19,
as applicable. Contractor/manufacturer is Granite River, Inc.
PO Box 187, Chanhassen, MN 55317.
LIMITED
WARRANTY
Granite
River warrants the media on which the SOFTWARE is furnished
to be free of defects in material and workmanship, under normal
use, for a period of ninety (90) days following the date of
delivery to you. In the event of defects, Granite River's sole
liability shall be to replace the defective media which has
been returned to Granite River or the supplier with your dated
invoice and is shown to be defective. In the event that Granite
River is unable to replace defective media, Granite River shall
refund your money upon your termination of this license.
DISCLAIMER
OF WARRANTIES
GRANITE
RIVER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
GRANITE
RIVER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL
OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE
PRODUCT EVEN IF GRANITE RIVER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Should
any other warranties be found to exist, such warranties shall
be limited in duration to ninety (90) days following the date
of delivery to you. In no event will Granite River's liability
for any damages to you or any other person exceed the amount
paid for the license to use the SOFTWARE.
This
License shall be governed and construed in accordance with the
laws of the State of Minnesota and shall benefit Granite River,
its successors and assigns.