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legal.txt
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1998-01-18
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7KB
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131 lines
Software License Agreement
IMPORTANT: THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN
INDIVIDUAL OR AN ENTITY) AND INFINITY SOFTWORKS, INC. BY USING
THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE
AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS.
YOU FURTHER AGREE THAT IT IS THE FULL AND COMPLETE AGREEMENT
BETWEEN US, SUPERSEDING ALL PRIOR WRITTEN OR VERBAL AGREEMENTS
OF ANY KIND. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE
TERMS OF THIS AGREEMENT, YOU MUST CEASE USING THIS PRODUCT
IMMEDIATELY AND PROMPTLY RETURN ALL MATERIALS (INCLUDING
DISK(S) AND WRITTEN MATERIALS) TO INFINITY SOFTWORKS, INC.
Infinity Softworks, Inc., Software License Agreement
1. GRANT OF LICENSE. This License Agreement permits you to
use one copy of the enclosed Infinity Softworks, Inc., software
program (the "SOFTWARE") on a single computer. The SOFTWARE is
in "use" on a computer when it is loaded into temporary memory
(i.e. RAM) or installed into permanent memory (e.g. hard disk,
CD-ROM, or other storage device) of that computer. However,
installation on a network server for the sole purpose of
internal distribution shall not constitute "use" for which a
separate license is required, provided you have a separate
license for each computer to which the SOFTWARE is distributed.
2. COPYRIGHT. The SOFTWARE is owned by Infinity Softworks,
Inc., or its suppliers and is protected by United States
copyright laws and international treaty provisions. Therefore,
you must treat the SOFTWARE like any other copyrighted material
(e.g. a book or musical recording) except that you may either
(a) make one copy of the SOFTWARE solely for backup or archival
purposes, or (b) transfer the SOFTWARE to a single hard disk
provided you keep the original solely for backup or archival
purposes. You may not copy the written materials accompanying
the SOFTWARE.
3. OTHER RESTRICTIONS. You may not rent or lease the
SOFTWARE, but you may transfer the SOFTWARE and accompanying
written materials on a permanent basis provided you retain no
copies and the recipient agrees to the terms of this Agreement.
You may not reverse engineer, decompile, or disassemble the
SOFTWARE. If the SOFTWARE is an update or has been updated,
any transfer must include the most recent update and all prior
versions.
4. DUAL MEDIA SOFTWARE. If the SOFTWARE package contains
multiple media such as 3.5" disks and CD-ROM disks, then you
may use only the disks of the media appropriate for your
single-user computer. You may not use the disks of the other
media on another computer or loan, rent, lease, or transfer
them to another user except as part of the permanent transfer
(as provided above) of all SOFTWARE and written materials.
Limited Warranty
LIMITED WARRANTY. This program is provided "as is" without any
warranty of any kind, either expressed or implied, including,
but not limited to, the implied warranties of merchantability
and fitness for a particular purpose. The entire risk as to
the quality and performance of the SOFTWARE is with you, the
licensee. Should the SOFTWARE prove defective, you assume the
risk and liability for the entire cost of all necessary repair,
service, or correction. Some states/jurisdictions do not allow
the exclusion of implied warranties, so the above exclusion may
not apply to you. This warranty gives you specific legal
rights, and you may have other rights which vary from
state/jurisdiction to state/jurisdiction.
Infinity Softworks, Inc., does not warranty the functions
contained in the SOFTWARE will meet you requirements, or that
the operation of the SOFTWARE will be error-free or
uninterrupted. Infinity Softworks, Inc., does warrant that the
disk(s) on which the program is furnished shall be free from
defects in materials and workmanship for a period of ten
(10) days from the date of purchase, so long as proof of
purchase is provided.
CUSTOMER REMEDIES. Infinity Softworks' and its suppliers'
entire liability and your exclusive remedy shall be, at
Infinity Softworks' option, either (a) return of the price
paid, or (b) repair or replacement of the SOFTWARE that does
not meet Infinity Softworks' Limited Warranty and which is
returned to Infinity Softworks with proof of purchase. This
Limited Warranty is void if failure of the SOFTWARE has
resulted from accident, abuse, or misapplication. Any
replacement SOFTWARE will be warranted for the remainder of the
original warranty period or ten (10) days, whichever is
longer. Neither these remedies nor any product support
services are available outside the United States without proof
of purchase from an authorized non-U.S. source.
NO OTHER WARRANTIES. To the maximum extent permitted by
applicable law, Infinity Softworks, Inc., and its suppliers
disclaim all other warranties, either express or implied,
including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose, with
regard to the SOFTWARE, the accompanying written materials, and
any accompanying hardware. This limited warranty gives you
specific legal rights. You may have others which vary from
state/jurisdiction to state/jurisdiction.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent
permitted by applicable law, in no event shall Infinity
Softworks, Inc. or its suppliers be liable for any damages
whatsoever (including, without limitation, damages for loss of
business profits, business interruption, loss of business
information, or any other pecuniary loss) arising out of the
use or inability to use this Infinity Softworks, Inc., product,
even if Infinity Softworks has been advised of the possibility
of such damages or for any claim by any other party. Because
some states/jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental
damages, the above limitation may not apply to you.
U.S. Government Restricted Rights
The SOFTWARE and documentation are subject to export controls
under the United States Export Administration Act, as amended,
which Act prohibits exports of certain commodities and
technical data, including software, to specified countries. In
particular, the SOFTWARE may not be exported to Cuba, Iran,
Iraq, Libya, North Korea, Sudan, or Syria. You hereby certify
that neither the SOFTWARE nor the documentation will be
transmitted or forwarded outside of your country.
If you acquire this product in the United States, this
Agreement is governed by the laws of the State of Oregon.
Should you have any questions concerning this Agreement, or if
you desire to contact Infinity Softworks, Inc., for any reason,
you may write to Infinity Softworks, Inc., 1315 NW 185th Ave.,
Suite 180, Beaverton, Oregon 97006.