Chip 2001 Mobile/Chip_Mobile_2001.iso/palm/hobby/weightlo/weightlo.exe/License.txt

Text File | 1997-11-15 | 6KB | 108 lines

SOFTCARE LICENSE AGREEMENT

YOU MAY INSTALL AND USE THIS SOFTWARE PROVIDED BY SOFTCARE, INC. ONLY
IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT
AGREE TO THESE TERMS, YOU MAY NOT USE OR INSTALL THE SOFTWARE. NOTIFY
SOFTCARE PROMPLY FOR A FULLREFUND OF THE PRICE YOU PAID AND RETURN OF
THE SOFTWARE IF YOU DO NOT AGREE, OR IF YOU HAVE ANY QUESTIONS ABOUT
THIS LICENSE.

THIS SOFTWARE AND ACCOMPANYING MANUAL ARE PUBLISHED FOR PURPOSES OF
GENERAL REFERENCE ONLY. THE INFORMATION CONTAINED THEREIN IS BASED
ON CURRENT KNOWLEDGE, AND RECOMMENDATIONS MADE ARE APPROPRIATE FOR
MOST CASES.  THE INFORMATION IS NOT INTENDED TO SUBSTITUTE FOR
CONSULTATION WITH A PROFESSIONAL HEALTH CARE PROVIDER.  FOR TREATMENT
AND ADVICE REGARDING YOUR SPECIFIC MEDICAL CONDITION, YOU SHOULD
OBTAIN PROFESSIONAL ADVICE.

1. GRANT OF LICENSE.  SoftCare, Inc. ("SoftCare"), grants you the
nonexclusive right to use one single-user copy of the software program
(the "Program") on a single computer or handheld information appliance
("Destination Device") subject to the terms and conditions set forth
below. You may not use the software on more than one Destination Device
at the same time unless you obtain a separate site license which is
available from SoftCare.

2. COPYRIGHT. The Program and the accompanying manuals are the property
and copyrighted materials of SoftCare, and the title to, and to all copies
thereof in any form, remains with SoftCare. SoftCare grants you the right
to make one copy of the Program for backup purposes only.  This copy may
reside on the hard disk of the computer you use to transfer the Software
to a  Destination Device.

3. OTHER RESTRICTIONS.  You may not rent or lease this program. However,
you may transfer the Program and related materials as long as you retain
 no copies of the Program and the receiver of the transfer agrees to be
bound by this license. You may not decompile, disassemble, or otherwise
reverse engineer the Program.

4. LIMITED WARRANTY. SoftCare warrants to the initial end user only that
 the Program will be capable of performing substantially as described in
 the Handbook for a period of 60 days from the date of receipt. You
assume sole responsibility for the selection of the Program to achieve
your intended results, and for the use and results obtained from the
Program. SoftCare does not warrant that you will obtain any particular
results from the use of the Program, nor does it warrant that the
operation of the Program will be uninterrupted or error-free or that
all defects will be corrected. SOME STATES DO NOT ALLOW LIMITATIONS
ON DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,
AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

5. REMEDIES. AS SOFTCARE'S ENTIRE LIABILITY AND AS YOUR EXCLUSIVE
REMEDY for any breach of warranty or other breach under this license,
SoftCare will, upon written notice to SoftCare during the warranty
period at the address set forth below, either (at its option) repair
or replace the defective diskettes or the defective portion of the
Program, or refund the license fee paid for such program. Upon issuance
of any refund, the license granted herein shall terminate and you must
cease all use of the Program.


6. NO OTHER WARRANTIES.  EXCEPT FOR THE FOREGOING, SOFTCARE DOES NOT
MAKE ANY WARRANTIES, EXPRESS, IMPLIED (INCLUDING WITHOUT LIMITATION
ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE)
OR ARISING BY LAW, REGARDING THE PROGRAM OR THE HANDBOOK.

7. LIMITATION OF LIABILITY. IN NO EVENT SHALL SOFTCARE BE LIABLE FOR
ANY THIRD PARTY CLAIMS OR FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL
DAMAGES WHATSOEVER, ARISING OUT OF ANY BREACH OF WARRANTY OR THE
PERFORMANCE OR BREACH OF ANY OTHER PROVISION OF THIS AGREEMENT OR
THE USE OR INABILITY TO USE THE PROGRAM OR THE HANDBOOK, EVEN IF
SOFTCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT SHALL SOFTCARE╒S LIABILITY (WHETHER IN TORT, CONTRACT,
OR OTHERWISE) EXCEED THE LICENSE FEE PAID TO SOFTCARE FOR THE PROGRAM.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.

8. TERMINATION. This license shall automatically terminate if you
breach any of the terms and conditions set forth herein. Upon
termination, you agree to return all copies of the Program to SoftCare
and to permanently erase the copy of the Program on the Destination
Device and any copies on any other computer used to transfer the
Software to the Destination Device.

9. GOVERNMENT RESTRICTED RIGHTS. The Program is provided without
restricted rights. Use, duplication, or disclosure by the government
is subject to the restrictions set forth in subparagraph (c) (1) (ii)
of the Rights in Technical Data and Computer Software clause at DFARS
252.227-7013. Contractor/manufacturer is Softcare, Inc, 11832 Sunrise
Dr., Bainbridge Island ,WA 98110.

10. GENERAL. This agreement is the complete and exclusive statement of
the agreement between the parties and supersedes any or all prior or
contemporaneous oral or written communications with respect to the
subject matter hereof. Any provisions of any purchase order or other
document which are in any way inconsistent with or in addition to the
terms and conditions of this Agreement shall be inapplicable to and
not binding on SoftCare. No modification, waiver, or amendment hereof
shall be binding unless stated in writing by both parties, and no
waiver of a right in any instance shall constitute a waiver of the
same or any other right in any other instance. If any provision of
this Agreement shall be held to be invalid, illegal, or unenforceable,
such provisions shall be enforced to the maximum extent permitted by
law and to the parties' fundamental intentions hereunder, and the
remaining provisions shall not be affected.