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- Software License
-
- This computer program (the "Software") is licensed, not sold, to
- you by Extensis Corporation ("Extensis") for use only under the
- terms of this License, and Extensis reserves any rights not
- expressly granted to you. You own the disk(s) on which the
- Software is recorded or fixed, but Extensis and its licensors
- retain ownership of the Software itself.
-
- 1. License. This License allows you to use one copy of the
- Software on a single computer at a time. To "use" the Software
- means that the Software is either loaded in the temporary memory
- (i.e., RAM) of a computer or installed on the permanent memory of
- a computer (i.e., hard disk, CD ROM, etc.). You may use at one
- time as many copies of the Software as you have licenses for. You
- may install the Software on a common storage device shared by
- multiple computers, provided that if you have more computers
- having access to the common storage device than the number of
- licensed copies of the Software, you must have some software
- mechanism which locks-out any concurrent users in excess of the
- number of licensed copies of the Software (an additional License
- is not needed for the one copy of Software stored on the common
- storage device accessed by multiple computers.) If the Software is
- installed on the permanent memory of a single desktop computer
- (i.e., not a storage device shared by multiple computers) and that
- desktop computer is used by one individual for at least 80% of the
- time the computer is in use, that same individual may also use a
- copy of the Software on a portable or home computer.
- You may make one copy of the Software in machine readable form
- solely for backup purposes. The Software is protected by copyright
- law. As an express condition of this License, you must reproduce
- on each copy of the Extensis copyright notice and any other
- proprietary legends that were on the original copy supplied by
- Extensis.
- You may permanently transfer all your rights under this License to
- another party by providing to such party all copies of the
- Software licensed under this License together with a copy of this
- License and all written materials accompanying the Software,
- provided that the other party reads and agrees to accept the terms
- and conditions of this License.
-
- 2. Restrictions. The Software contains trade secrets in its human
- perceivable form and, to protect them, YOU MAY NOT REVERSE
- ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE THE SOFTWARE
- TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT,
- TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, OR CREATE
- DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
-
- 3. Termination. This License is effective until terminated. This
- License will terminate immediately without notice from Extensis or
- judicial resolution if you fail to comply with any provision of
- this License. Upon such termination you must destroy the Software,
- all accompanying written materials, and all copies thereof. You
- may also terminate this License at any time by destroying the
- Software, all accompanying written materials and all copies
- thereof.
-
- 4. Export Law Assurances. You agree that neither the Software nor
- any direct product thereof is being or will be shipped,
- transferred or re-exported, directly or indirectly, into any
- country prohibited by the United States Export Administration Act
- and the regulations thereunder or will be used for any purpose
- prohibited by the Act.
-
- 5. Limited Warranty and Disclaimer, Limitation of Remedies and
- Damages. YOU ACKNOWLEDGE THAT THE SOFTWARE MAY NOT SATISFY ALL
- YOUR REQUIREMENTS OR BE FREE FROM DEFECTS. EXTENSIS WARRANTS THE
- DISKETTES ON WHICH THE SOFTWARE IS RECORDED TO BE FREE FROM
- DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR 90 DAYS
- FROM PURCHASE, BUT THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS
- ARE LICENSED "AS IS". ALL IMPLIED WARRANTIES AND CONDITIONS
- (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR
- A PARTICULAR PURPOSE) ARE DISCLAIMED AS TO THE SOFTWARE AND
- ACCOMPANYING WRITTEN MATERIALS AND LIMITED TO 90 DAYS AS TO THE
- DISKETTES. YOUR EXCLUSIVE REMEDY FOR BREACH OF WARRANTY WILL BE
- THE REPLACEMENT OF THE DISKETTES OR REFUND OF THE PURCHASE PRICE.
- IN NO EVENT WILL EXTENSIS OR ITS DEVELOPERS, DIRECTORS, OFFICERS,
- EMPLOYEES OR AFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL,
- INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF
- BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
- INFORMATION, AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE,
- ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR
- ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE
- CLAIM AND EVEN IF EXTENSIS OR AN AUTHORIZED EXTENSIS
- REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
- DAMAGES. Extensis liability to you for actual damages for any
- cause whatsoever, and regardless of the form of the action, will
- be limited to the greater of $500 or the money paid for the
- Software that caused the damages. THE ABOVE LIMITATIONS WILL NOT
- APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT
- APPLICABLE LAW REQUIRES SUCH LIABILITY, BECAUSE SOME JURISDICTIONS
- DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR
- LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
- LIMITATIONS MAY NOT APPLY TO YOU.
-
- 6. General. This License will be construed under the laws of the
- State of Oregon, except for that body of law dealing with
- conflicts of law. If any provision of this License shall be held
- by a court of competent jurisdiction to be contrary to law, that
- provision will be enforced to the maximum extent permissible, and
- the remaining provisions of this License will remain in full force
- and effect. If you are a U.S. Government end-user, this License of
- the Software conveys only "RESTRICTED RIGHTS", and its use,
- disclosure and duplication are subject to Federal Acquisition
- Regulations, 52.227-7013 (c) (1) (ii).
-