DAVID HOGAN ("LICENSOR") IS WILLING TO LICENSE THE ENCLOSED SOFTWARE TO YOU ONLY IF YOU ACCEPT ALL OF THE TERMS IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS CAREFULLY BEFORE YOU INSTALL THIS PACKAGE, BECAUSE BY INSTALLING THIS PACKAGE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, LICENSOR WILL NOT LICENSE THIS SOFTWARE TO YOU, AND IN THAT CASE YOU SHOULD RETURN THIS PRODUCT PROMPTLY, INCLUDING THE PACKAGING AND ALL WRITTEN MATERIALS, TO THE PLACE OF PURCHASE PROMPTLY FOR A FULL REFUND.
Ownership of the Software
1. The enclosed Licensor Windows software program ("Windows Software") and/or the enclosed Licensor Palm software program ("Palm Software") (together known as "Software") and the accompanying written materials (either in print or electronic format) are owned by Licensor or its suppliers and are protected by United States copyright laws, by laws of other nations, and by international treaties.
Grant Of License
2. For each distinct license that you have acquired from Licensor:
(a) Licensor grants to you the right to use one copy of the Palm Software on a single Palm OS computer. You may load one copy into permanent memory of one Palm OS computer and may use that copy only on that same computer.
(b) Licensor grants to you the right to use Windows Software (if provided in purchase) on up to two server computers or on a single network server, provided that the software is used in conjunction with corresponding Palm Software.
3. If you have not acquired any licenses from Licensor, you may use one copy of the Windows Software and/or one copy of the Palm Software for a one-time, 14-day evaluation period only, and such use shall be in the manner described above.
Restrictions on Use and Transfer
4. You may not copy the Software, except that (1) you may make one copy of the Software solely for backup or archival purposes, and (2) you may 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.
5. You may permanently transfer the Software and accompanying written materials (including the most recent update and all prior versions) if you retain no copies and the transferee agrees to be bound by the terms of this Agreement. Such a transfer terminates your license. You may not rent or lease the Software or otherwise transfer or assign the right to use the Software, except as stated in this paragraph.
6. You may not reverse engineer, decompile, or disassemble the Software.
Limited Warranty
7. Software provide "AS IS" with no support as there is no charge for the software.
8. LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.
9. LICENSOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT LICENSOR'S CHOICE, EITHER (A) RETURN OF THE PRICE PAID OR (B) REPLACEMENT OF THE SOFTWARE THAT DOES NOT MEET LICENSOR'S LIMITED WARRANTY AND WHICH IS RETURNED TO LICENSOR WITH A COPY OF YOUR RECEIPT. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. These remedies are not available outside the United States of America.
10. This Limited Warranty is void if failure of the Software has resulted from modification, accident, abuse, or misapplication, or replacement of Palm or Windows Operating System with ANY other version of the same.
11. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE. 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. This Agreement is governed by the laws of the State of Alabama.
13. If you have any questions concerning this Agreement or wish to contact Licensor for any reason, please write: David Hogan Consulting, 926 Brian DR NW, Leeds, AL 35094-1841.
14. U.S. Government Restricted Rights. The Software and documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government or any person or entity acting on its behalf is subject to restrictions set forth in subparagraph (c)(1) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)(ii) and (2) of Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19 for civilian agencies, or in the case of NASA, at 18-52.227-86(d) of the NASA supplement to the FAR, or in other comparable agency clauses. Supplier is David Hogan Consulting and same in partnership with various Internet Providers of Palm Software Programs.
