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- SINGLE USER SOFTWARE LICENSE AND LIMITED WARRANTY AGREEMENT
-
- IMPORTANT... READ CAREFULLY
- BY INSTALLING OR USING THIS SOFTWARE, YOU ARE INDICATING YOUR
- ACCEPTANCE OF THE FOLLOWING SINGLE USER SOFTWARE LICENSE AND
- LIMITED WARRANTY AGREEMENT.
-
- This is a legal agreement between You, the Licensee ("You") and
- Midnight Blue Software, Inc. ("Midnight Blue") with its principal office located at
- P.O. Box 24032, Rochester, New York 14624. If You do not agree to the terms
- of this Agreement, do not install or use this software. If You install or use this
- software, You are agreeing that the following terms and conditions will apply to
- Your use of Midnight Blue's software program ("Software") and to Your use of
- the documentation. This is a License Agreement and not an agreement for sale.
-
- 1. GRANT OF LICENSE.
- Midnight Blue grants You a personal, nonexclusive, and nontransferable license
- to use this copy of the Software and documentation on a single computer at a
- time (i.e., with a single CPU at a single location) and not accessed via a network
- ("License"). Documentation shall mean the end-user on-line help file that
- describes installation, use and operation of the Software. You may evaluate the
- Software for up to a maximum of thirty (30) days, after which you must either
- register and pay for the Software, or remove the Software from your computer.
- Midnight Blue grants no other rights in the Software or documentation and
- retains the right to terminate this Agreement at any time should You violate any
- of its terms.
-
- 2. OWNERSHIP AND TITLE.
- Midnight Blue owns exclusive title to the Software, the documentation and your
- copy of this Software. Midnight Blue's ownership and rights are protected by
- United States patent and copyright laws and international treaty provisions.
- Midnight Blue is not aware of any patent, copyright or other rights which may be
- infringed by Your use of the Software or documentation. This License is not a
- sale of any interest in the original copy of the Software or documentation or in
- any subsequent copies regardless of their form.
-
- 3. COPYING AND DISTRIBUTING.
- You may make as many unmodified copies of the Software for backup and
- archival purposes as you determine necessary. You may also make unmodified
- copies of the complete Software and documentation package for the purpose of
- distributing it via electronic means: Web, FTP, Bulletin Board Systems,
- Electronic Services, Shareware Collection CD-ROM. The individual files that
- make up the distribution, and are recreated by running the installation program,
- may not be distributed separately in any way. The redistributable complete
- Software and documentation package may not be sold for profit or incorporated
- in commercial products without the written permission of the copyright holder.
-
- 4. COPYING AND DISTRIBUTING FILES CREATED WITH THE SOFTWARE.
- You may copy and distribute files (screen savers) created using the software,
- subject to the following limitations: Files created during the trial period
- may not be distributed. Files created when using the software registered with
- Midnight Blue for personal use, and thereby licensed for personal (non commercial)
- use, may be distributed to up to a maximum of 100 individuals. When licensed for
- personal use, you may not distribute files created with the toolkit via public
- networks, or widely distributed electronic media. When licensed for personal use,
- you may not accept payment for files created with the software. Files created
- when using the software registered with Midnight Blue for professional use, and
- thereby licensed for professional use, may be distributed to an unlimited
- audience. When licensed for professional use, you are specifically permitted to
- distribute files created with the toolkit via public networks, or widely
- distributed electronic media. When licensed for professional use, you are
- permitted to accept payment for files created with the software. It is your
- responsibility to ensure that you have the legal right to use the images and
- audio you include in your screen savers.
-
- 5. USE RESTRICTIONS.
- You may move this Licensed copy of the Software from one of Your computers
- to another computer owned by You, provided the Licensed copy resides only on
- one of Your computers at a time. However, the Software may NOT be
- electronically transferred from one computer to another over a network. If You
- wish to use the Software on a network server, You must register each computer
- on the network on which the Software will be used. You may not give registered
- copies of the Software or documentation or transfer this License to any other
- person or entity, nor lend, rent, lease, license, sublicense, sell or otherwise
- dispose of the Software or the documentation or the right to use the Software or
- documentation to any other party. You also may not adapt, modify, decompile,
- disassemble, reverse engineer, translate or create any derivative works based
- upon the Software, or adapt, modify, translate or create derivative works based
- upon the documentation.
-
- 6. CONDITION OF LICENSE AND TERMINATION.
- This License is granted to You on the express condition that You will only use
- the Software and documentation in accordance with the terms of this License
- Agreement. If You fail to comply with any of the restrictions stated in this
- License, the License will be deemed terminated without notice to You, and You
- may no longer use the Software and documentation and are required to return
- the original and all existing copies of the Software and documentation to
- Midnight Blue, or to destroy all copies.
-
- 7. LIMITED WARRANTY.
- MIDNIGHT BLUE WARRANTS TO YOU, THE ORIGINAL LICENSEE, THAT FOR A
- PERIOD OF NINETY (90) DAYS FROM THE DATE MIDNIGHT BLUE RECEIVES THE
- REGISTRATION FEE FOR THE SOFTWARE, THAT WHEN PROPERLY LOADED INTO AN
- APPROPRIATE COMPUTER, THE SOFTWARE WILL OPERATE SUBSTANTIALLY IN
- ACCORDANCE WITH THE ACCOMPANYING DOCUMENTATION. MIDNIGHT BLUE DOES
- NOT WARRANT, HOWEVER, THAT YOUR USE OF THE SOFTWARE WILL BE
- UNINTERRUPTED OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE.
-
- 8. DISCLAIMER.
- EXCEPT FOR THE LIMITED WARRANTY WHICH APPEARS ABOVE, THE SOFTWARE
- AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT ANY OTHER WARRANTY
- CONCERNING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR THE
- DOCUMENTATION, AND WITHOUT ANY WARRANTY THAT THE FUNCTIONS
- CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE
- OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
- THIS WARRANTY SHALL NOT APPLY TO ANY FAILURE OR NONCONFORMITY IN
- THE SOFTWARE RESULTING FROM ACCIDENT, MISUSE OR MISAPPLICATION.
-
- 9. CUSTOMER'S EXCLUSIVE REMEDY.
- MIDNIGHT BLUE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY
- CLAIM ARISING FROM THIS AGREEMENT OR FROM YOUR USE OF THE SOFTWARE
- OR DOCUMENTATION, SHALL BE, AT MIDNIGHT BLUE'S OPTION, EITHER (A)
- RETURN OF THE PURCHASE PRICE OR (B) REPLACEMENT OF THE SOFTWARE
- WHICH DOES NOT CONFORM TO MIDNIGHT BLUE'S LIMITED WARRANTY AND WHICH
- IS RETURNED WITHIN THE WARRANTY PERIOD TO MIDNIGHT BLUE. ANY
- REPLACEMENTS OF SOFTWARE WILL BE WARRANTED FOR THE REMAINDER OF THE
- ORIGINAL WARRANTY PERIOD.
-
- 10. NO OTHER WARRANTIES.
- THE ABOVE WARRANTIES, ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
- OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
- MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH
- ARE EXPRESSLY EXCLUDED. YOU AGREE THAT NO ORAL OR WRITTEN
- REPRESENTATION, DEMONSTRATION, STATEMENTS, ADVICE OR ADVERTISEMENTS
- BY MIDNIGHT BLUE, ITS AGENTS, DEALERS, DISTRIBUTORS OR EMPLOYEES
- CONSTITUTES ANY WARRANTY OR MODIFICATION OF THIS STATED DISCLAIMER
- AND LIMITED WARRANTY.
-
- 11. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
- NEITHER MIDNIGHT BLUE NOR ANY OTHER PERSON OR ENTITY INVOLVED IN THE
- DEVELOPMENT, PRODUCTION, MARKETING OR DELIVERY OF THE SOFTWARE SHALL
- BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
- SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS,
- BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, INFRINGEMENTS
- OF PATENT, COPYRIGHT, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY
- RIGHTS, OR FAILURE TO REALIZE SAVINGS) OR LIKE DAMAGES, REGARDLESS
- OF THE LEGAL BASIS FOR SUCH LIABILITY, RELATED TO THE USE OR THE
- INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF MIDNIGHT BLUE
- HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE
- CUSTOMER REMEDY IDENTIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED
- OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES DO NOT ALLOW THE
- EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
- DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
-
- 12. MISCELLANEOUS.
- This Agreement shall be governed by the substantive laws of the State of
- New York without regard to conflicts of laws. This Agreement constitutes
- the entire agreement between Midnight Blue and You with respect to its
- subject matter.
-
- If You have any questions regarding this Agreement or wish to
- contact Midnight Blue for any reason, please write to:
-
- Midnight Blue Software, Inc.
- P.O. Box 24032
- Rochester, New York 14624
-
-
- Dated: January 23, 1998
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