home *** CD-ROM | disk | FTP | other *** search
- LIMITED USE SOFTWARE LICENSE AGREEMENT
-
- This Limited Use Software License Agreement (the "Agreement") is a legal
- agreement between you, the end-user, and Pacestar Software.
- By continuing the installation of this program, by loading or running
- the tool, or by placing or copying the program onto your computer
- hard drive, you are agreeing to be bound by the terms of this Agreement.
-
- PACESTAR SOFTWARE LICENSE
-
- 1. Grant of License. Pacestar grants to you the right to use the
- the shareware version of the Pacestar Software program (the "Software").
- For purposes of this section, "use" means loading the Software into RAM,
- as well as installation on a hard disk or other storage device.
- You may not: modify, translate, disassemble, decompile, reverse engineer,
- or create derivative works based upon the Software. You agree that the
- Software will not be shipped, transferred or exported into any country in
- violation of the U.S. Export Administration Act and that you will not
- utilize, in any other manner, the Software in violation of any applicable
- law.
-
- 2. Copyright. The Software is owned by Pacestar and is protected by
- United States copyright laws and international treaty provisions.
- You must treat the Software like any other copyrighted material, except that
- you may make copies of the Software to give to other persons.
- You may not charge or receive any consideration from any other person for
- the receipt or use of the Software without receiving Pacestar's prior written
- consent as specified in the VENDOR.DOC file. You agree to use your best
- efforts to see that any user of the Software licensed hereunder complies
- with this Agreement.
-
- 3. Limited Warranty. Pacestar warrants that if properly installed and
- operated on a computer for which it is designed, the Software will perform
- substantially in accordance with its designed purpose for a period of ninety
- (90) days from the date the Software is first obtained by an end-user.
- Pacestar's entire liability and your exclusive remedy shall be, at Pacestar's
- option, either (a) return of the retail price paid, if any, or (b) repair or
- replacement of the Software that does not meet Pacestar's Limited Warranty.
- To make a warranty claim, return the Software to the point of purchase,
- accompanied by proof of purchase, your name, your address, and a statement of
- defect, or return the Software with the above information to Pacestar.
- This Limited Warranty is void if failure of the Software has resulted in
- whole or in part from accident, abuse, misapplication or violation of this
- Agreement. Any replacement Software will be warranted for the remainder of
- the original warranty period or thirty (30) days, whichever is longer.
- This warranty allocates risks of product failure between Licensee and
- Pacestar. Pacestar's product pricing reflects this allocation of risk and
- the limitations of liability contained in this warranty.
-
- 4. NO OTHER WARRANTIES. PACESTAR DISCLAIMS ALL OTHER WARRANTIES,
- EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
- MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE
- SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS, IF ANY. THIS LIMITED
- WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY
- FROM JURISDICTION TO JURISDICTION. PACESTAR DOES NOT WARRANT THAT THE
- OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET LICENSEE'S
- SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER
- EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS, EMPLOYEES,
- DISTRIBUTORS, AND DEALERS OF PACESTAR ARE NOT AUTHORIZED TO MAKE MODIFICATIONS
- TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF OF PACESTAR. ADDITIONAL
- STATEMENTS SUCH AS DEALER ADVERTISING OR PRESENTATIONS, WHETHER ORAL OR
- WRITTEN, DO NOT CONSTITUTE WARRANTIES BY PACESTAR AND SHOULD NOT BE RELIED
- UPON.
-
- 5. Exclusive Remedies. You agree that your exclusive remedy against
- Pacestar, its affiliates, contractors, suppliers, and agents for loss or
- damage caused by any defect or failure in the Software regardless of the form
- of action, whether in contract, tort, including negligence, strict liability
- or otherwise, shall be the return of the retail purchase price paid, if any,
- or replacement of the Software. This Agreement shall be construed in
- accordance with and governed by the laws of the State of Arizona. Copyright
- and other proprietary matters will be governed by United States laws and
- international treaties. IN ANY CASE, PACESTAR SHALL NOT BE LIABLE FOR LOSS OF
- DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
- INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF
- CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF PACESTAR OR ITS AGENT HAS
- BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
- PARTY. Some jurisdictions do not allow the exclusion or limitation of
- incidental or consequential damages, so the above limitation or exclusion
- may not apply to you.
-
- 6. General Provisions. Neither this Agreement nor any part or portion
- hereof shall be assigned or sublicensed, except as described herein. Should
- any provision of this Agreement be held to be void, invalid, unenforceable or
- illegal by a court, the validity and enforceability of the other provisions
- shall not be affected thereby. If any provision is determined to be
- unenforceable, you agree to a modification of such provision to provide for
- enforcement of the provision's intent, to the extent permitted by applicable
- law. Failure of a party to enforce any provision of this Agreement shall not
- constitute or be construed as a waiver of such provision or of the right to
- enforce such provision. If you fail to comply with any terms of this
- Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED.
-
- YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS
- AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE
- SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE
- SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS
- AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN
- SEPARATE AGREEMENTS BETWEEN PACESTAR AND YOU, THIS AGREEMENT IS A COMPLETE AND
- EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS
- AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS,
- AND ANY OTHER COMMUNICATIONS BETWEEN PACESTAR AND YOU RELATING TO THE SUBJECT
- MATTER OF THIS AGREEMENT.
-