\pard\tx520\tx1060\tx1600\tx2120\tx2660\tx3200\tx3720\tx4260\tx4800\tx5320\b\fi-20\li280\fc1\cf1 1. Scope of Use.
\b0 In this Agreement,
Software
shall mean the machine readable software programs and associated files in this package, and any modified version, upgrades and other copies of such programs and files.\
The Demo Software may be operated on multi-user or networked systems. However this Agreement does not entitle you to operate the Software more than once simultaneously. To operate the Software simultaneously, you must purchase a license for each simultaneous operation.\
\b 2. Proprietary Rights.
\b0 You acknowledge that the program code, structure and organization of the Software is the confidential copyrighted property of Sirius Solutions, Inc. (referred to as Sirius Solutions) and is a valuable trade secret of Sirius Solutions and is licensed to you on a non-exclusive basis. You agree to hold such trade secrets in confidence. You further agree not to translate, disassemble or reverse engineer the Software, in whole or in part, or to use the documentation (
Documentation
) for any purpose other than to support your use of the Software.\
\b 3. No Other Rights
\b0 . Sirius Solutions retains title and ownership of the Software and the Documentation on all diskette copies and all subsequent copies of the Software, regardless of the form or media in or on which the original and other copies may exist. Except as stated above, this Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks or any other rights in respect of the Software or the Documentation.\
\b 4. Term.
\b0 The license is effective until terminated. Sirius Solutions has the right to terminate your license immediately if you fail to comply with any term or condition of the Agreement. Upon any such termination, you must destroy the original and any copies of the Software and its Documentation.\
\b 5. Limited Warranty.
\b0 (a) Sirius Solutions warrants to you that for a period of 90 days from your receipt, the Software will perform substantially in accordance with the Documentation in effect at the date of release for such Software and Documentation. You must return the Software to the location where you obtained it with a copy of your receipt to be eligible for warranty service.\
(b) If the Software fails to comply with this warranty, Sirius Solutions will, at its option, repair, replace, or refund the license fee for the Software.\
(c) SIRIUS SOLUTIONS DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES SIRIUS SOLUTIONS WILL PROVIDE FOR ANY CLAIM WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, SIRIUS SOLUTIONS MAKES NO WARRANTIES EXPRESSED OR IMPLIED AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.\
(d) Some states or provinces 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. This warranty gives you specific legal rights. You may have other rights which vary from state to state or province to province. For further warranty information you may contact Sirius Solutions, 340 Townsend St. Ste. 540,\
San Francisco, California, 94107.\
\b 6. Limitation of Liability.
\b0 (a) IN NO EVENT WILL SIRIUS SOLUTIONS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST DATA, LOST TIME, OR OTHER LOSSES, EVEN IF AN SIRIUS SOLUTIONS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY PARTY.\
(b) Any claim that the foregoing limitation of liability failed of its essential purpose may be fully settled by Sirius Solutions upon payment of a refund of the amount paid for the Software.\
\b 7. Choice of Law.
\b0 This Agreement will be governed by the laws in force in the State of California.\
\b 8. Integration.
\b0 You acknowledge that you have read this Agreement, understand it and that it is the complete and exclusive statement of your agreement with Sirius Solutions which supersedes any prior agreement, oral or written between Sirius Solutions and you. No variation of the terms of this Agreement will be enforceable against Sirius Solutions unless Sirius Solutions gives its express consent, in writing signed by an officer of Sirius Solutions.\
\b 9. Assignment.
\b0 You may assign your rights under this Agreement to a third party who notifies Sirius Solutions in writing that it agrees to be bound by this Agreement prior to the assignment. At the same time of such assignment, you must either transfer all copies of the Software and the Documentation in any form to the assignee or destroy any copies not transferred. Except as set forth above, you may not assign your rights under this Agreement.\
\b 10. Binding Arbitration
\b0 . All disputes, disagreements or other claims between the parties whether arising in contract, tort, or otherwise shall be finally settled by binding arbitration in San Francisco, California before a neutral arbitrator appointed by and acting pursuant to the Commercial Rules of the American Arbitration Association.\
\b Notice to Government End Users
\b0 \
Restricted Rights Legends\
For civilian agencies: This Software is licensed only with
Restricted Rights
and use, reproduction, or disclosure is subject to restrictions set forth in subparagraph (a) through (d) of the Commercial Computer Software
Restricted Rights clause at 52.227-19 of the Federal Acquisition Regulations.\
For units of the Department of Defense: 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.\
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