This is a legal agreement between you, the end user, and Diamond Cut Productions, Incorporated.
The enclosed Diamond Cut Productions software program (the SOFTWARE) is licensed by Diamond Cut Productions for use only on the terms set forth herein. Please read this license agreement. Installing the program indicates that you accept these terms. If you do not agree to these terms, return the full product with proof of purchase to Diamond Cut Productions, Inc. within 30 days for a full refund.
GRANT OF LICENSE. Diamond Cut Productions grants to you the right to use one copy of the enclosed DCart SOFTWARE on a single terminal connected to a single computer (i.e. single CPU) or to a network server. If you install the SOFTWARE on a network server, you must purchase a separate copy of the SOFTWARE for each computer terminal that will be used to operate the SOFTWARE.
GRANT OF NETWORK LICENSE. If you are acquiring a version of the SOFTWARE specifically intended for network use, Diamond Cut Productions, Inc grants you the right to use the SOFTWARE on a LICENSED COMPUTER NETWORK as provided below. A computer network is any combination of two or more terminals that are electronically linked and capable of sharing the use of a single software program. A LICENSED COMPUTER NETWORK is a computer network for which you have acquired and dedicated at least one (1) Diamond Cut Productions standard version of the SOFTWARE (which can run stand-alone or as a network server). For additional users to use the SOFTWARE on the network you must acquire a WRITTEN LICENSING AGREEMENT from Diamond Cut Productions indicating the number of users expected to be able to use the SOFTWARE. You may have as many copies of the SOFTWARE in simultaneous use on the network as is specifically authorized in the WRITTEN LICENSING AGREEMENT.
COPYRIGHT. The SOFTWARE is owned by Diamond Cut Productions, Inc and is protected by United States copyright laws and international treaty provisions.
You may either
(a) make two copies of the SOFTWARE solely for backup or archival purposes provided that you reproduce all copyright and other proprietary notices that are on the original copy of the SOFTWARE provided to you, or
(b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes.
OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE. You may not reverse engineer, decompile, disassemble, or create derivative works from the SOFTWARE.
GOVERNMENT LICENSEE. If you are acquiring the SOFTWARE on behalf of any unit or agency of the United States Government, the following provisions apply:
The Government acknowledges Diamond Cut Productions representation that the SOFTWARE and its documentation were developed at private expense and no part of them is in the public domain.
The Government acknowledges Diamond Cut Production's representation that the SOFTWARE is "Restricted Computer Software" as that term is defined in Clause 52.227-19 of the Federal Acquisition Regulations (FAR) and is "Commercial Computer Software" as that term is defined in Subpart 227.471 of the Department of Defense Federal Acquisition Regulation Supplement (DFARS). The Government agrees that:
(i) if the SOFTWARE is supplied to the Department of Defense (DoD), the SOFTWARE is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the SOFTWARE and its documentation as that term is defined in Clause 252.227-7013 (c) (1) of the DFARS, and
(ii) if the SOFTWARE is supplied to any unit or agency of the United States Government other than DoD, the Government's rights in the SOFTWARE and its documentation will be as defined in Clause 52.227-19 (c) (2) of the FAR.
RESTRICTED RIGHTS LEGEND. 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. Diamond Cut Productions, P.O. Box 305, Hibernia, N.J. 07842-0305.
EXPORT LAW ASSURANCES. You acknowledge and agree that the SOFTWARE is subject to restrictions and controls imposed by the United States Export Administration (the "Act") and the regulations thereunder. You agree and certify that neither the SOFTWARE nor any direct product thereof is being or will be acquired, shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the Act and the regulations thereunder or will be used for any purposes prohibited by the same.
GENERAL. This Agreement will be governed by the laws of the State of New Jersey, except for that body of law dealing with conflicts of law. Should you have any questions concerning this Agreement, or if you desire to contact Diamond Cut Productions for any reason, please write: Diamond Cut Productions Customer Sales and Service, P.O. Box 305, Hibernia, N.J. 07842-0305.
