home *** CD-ROM | disk | FTP | other *** search
- SOFTWARE LICENSE AND LIMITED WARRANTY
-
- This is an agreement between you, the end user, and BAREFOOT Productions ("BAREFOOT").
- By using this software, you are agreeing to become bound by the terms of this agreement.
-
-
- IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE. REMOVE
- ALL COMPONENTS FROM YOUR SYSTEM AND RETURN THE ENTIRE PACKAGE TO THE PLACE WHERE YOU
- OBTAINED IT FOR A FULL REFUND.
-
- 1. GRANT OF LICENSE. BAREFOOT, as Licenser, grants to you, the LICENSEE, a nonexclusive
- right to use this copy of a BAREFOOT software program (hereinafter the "SOFTWARE") on
- a single COMPUTER (i.e. with a single CPU) at a single location so long as you comply
- with the terms of this License. Each workstation upon which the SOFTWARE is used,
- whether such workstation is a stand-alone computer, a networked computer or a terminal
- on a multi-user computer must have a separately licensed copy of the SOFTWARE.
-
- 2. SITE AND CORPORATE LICENSE GRANT. If you acquired a "SITE LICENSE" or a
- "CORPORATE LICENSE", BAREFOOT grants to you the right to use the number of copies
- of the SOFTWARE for which you have paid. For single-user computers or workstations
- attached to a network ("Network Stations"), the quantity of the SOFTWARE in use is
- considered to be the maximum number of Network Stations on which the SOFTWARE is
- either loaded in memory or virtual memory or stored on a hard disk or other storage
- device at one time. For a multi-user computer, a use is counted for every session
- of the SOFTWARE running on the computer. If the anticipated number of users of the
- SOFTWARE will exceed the number of applicable Licenses for which you have paid, you
- must have a process in force to assure that the number of concurrent users of the
- SOFTWARE does not exceed the number of Licenses.
-
- 3. OWNERSHIP OF SOFTWARE. BAREFOOT retains the copyright, title and ownership of
- the SOFTWARE and the written materials of the form or media in or on which the
- original and other copies may exist. You may make one (1) copy of the SOFTWARE
- solely for backup purposes. You must reproduce and include the copyright notice
- on the backup copy.
-
- 4. TRANSFERS. You may physically transfer the SOFTWARE from one of your computers to
- another provided that the SOFTWARE is used on only one computer at a time. You may
- not distribute copies of the SOFTWARE or accompanying written materials to others.
- You may not transfer the SOFTWARE to anyone without the prior written consent of
- BAREFOOT. In no event may you transfer, assign, rent, lease, sell or otherwise
- dispose of the SOFTWARE on a temporary basis.
-
- 5. TERMINATION. This license is effective until terminated. This License will
- terminate automatically without notice from BAREFOOT if you fail to comply with
- any provision of this License. Upon termination you shall destroy the written
- materials and all copies of the SOFTWARE, including modified copies, if any.
-
- 6. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and any accompanying materials are
- provided with Restricted Rights. 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, or subparagraphs
- (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at
- 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Barefoot Productions,
- 839 Welsh Court, Louisville, CO 80027.
-
- 7. LIMITED WARRANTY. BAREFOOT warrants the media on which the SOFTWARE is furnished
- to be free of defects in material and workmanship, under normal use, for a period
- of ninety (90) days following the date of delivery to you. In the event of defects,
- BAREFOOT's sole liability shall be to replace the defective media which has been
- returned to BAREFOOT or the supplier with your dated invoice and is shown to be
- defective. In the event that BAREFOOT is unable to replace defective media,
- BAREFOOT shall refund your money upon your termination of this license.
-
- 8. DISCLAIMER OF WARRANTIES. BAREFOOT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR
- IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY
- OR FITNESS FOR A PARTICULAR PURPOSE.
-
- 9. BAREFOOT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL
- DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
- LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO
- USE THE PRODUCT EVEN IF BAREFOOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-
- 10. Should any other warranties be found to exist, such warranties shall be limited in
- duration to ninety (90) days following the date of delivery to you. In no event
- will BAREFOOT's liability for any damages to you or any other person exceed the
- amount paid for the license to use the SOFTWARE.
-
- 11. This license shall be governed and construed in accordance with the laws of the
- State of Colorado and shall benefit BAREFOOT, its successors and assigns.
-
-
-