This legal document is an agreement between you and Safetynet, Inc. ("Safetynet"). By opening this sealed disk package, you indicate your acceptance of the terms of this agreement, which includes the software license and software disclaimer of warranty (collectively, the "Agreement").
THIS AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT BETWEEN YOU AND SAFETYNET. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT OPEN THE DISK PACKAGE OR WRITTEN MATERIALS. PROMPTLY RETURN THE UNOPENED DISK PACKAGE AND THE OTHER ITEMS (INCLUDING WRITTEN MATERIALS AND PACKAGING, IF ANY) THAT ARE PART OF THIS PRODUCT TO THE PLACE WHERE YOU OBTAINED THEM FOR A FULL REFUND.
1. GRANT OF LICENSE. Safetynet grants you the right to install and use (the "SOFTWARE") based on the following conditions.
For evaluation versions:
- You may install and test the SOFTWARE on up to five computers for a period of thirty days from the date of the first installation of the SOFTWARE. After this period, you must either remove the SOFTWARE from all computers or purchase it.
For purchased versions:
- You may install the SOFTWARE on as many computers as are indicated in your purchase agreement.
Backup Copies:
- You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. OWNERSHIP OF SOFTWARE. This license allows you the use of the SOFTWARE, but you do not become the owner of the SOFTWARE. Ownership and title of the SOFTWARE at all times is retained by Safetynet, Inc. for the original disk and any subsequent copies irrespective of the media or form in which they exist.
3. COPY RESTRICTIONS. This SOFTWARE and the accompanying written materials are copyrighted. You are authorized only to make one back-up copy of the SOFTWARE. You must reproduce and include the copyright notice on the backup copy. Any other unauthorized copying, including the SOFTWARE as part of other software, merging, modifying or changing in any other form is expressly excluded from this license. You may not distribute copies of the SOFTWARE to others.
4. TERMINATION. This license will remain in effect until terminated. The license will be automatically terminated without notice from Safetynet, Inc. should the licensee not comply with any of the provisions described herein. Upon termination, it is the responsibility of the licensee to return the original and back-up copies of the SOFTWARE to us or destroy them completely.
DISCLAIMER AND LIMITED WARRANTY. This SOFTWARE is sold on an "as is" basis and Safetynet does not assume any liability related to its use. The licensee assumes all risks which may result from its use. Safetynet has tested the performance and functionality of the SOFTWARE under certain conditions. However, the SOFTWARE may be used under an infinite number of different conditions and, therefore, it is not possible for Safetynet to warrant performance or fitness for any specific use or purpose.
Safetynet does not make any warranty or representation, either expressed or implied, with respect to the SOFTWARE. Safetynet will not be liable for any direct, indirect, special, incidental, consequential loss or damages which may result from the use of the SOFTWARE in any specific use, even if Safetynet is advised of any such damages or loss. Safetynet expressly and specifically excludes any liability for any programs or any data stored in or used with the SOFTWARE, and for costs, if any, of recovering any such programs or data.
If you receive the SOFTWARE on disk, Safetynet warrants to the original LICENSEE that the disk(s) on which the SOFTWARE is recorded is free from defects in materials under normal use for a period of ninety (90) days from the date of delivery. Safetynet's entire liability and your exclusive remedy as to the disk(s) shall be, at Safetynet's option, either (a) return of the purchase price or (b) replacement of the disk that does not meet Safetynet's Limited Warranty and which is returned to Safetynet with a copy of the receipt. If failure of the disk has resulted from accident or abuse, Safetynet shall have no responsibility to replace the disk or refund the purchase price.
The above warranties and limitations are exclusive and in lieu of any other, oral or written, expressed or implied, warranties. This Agreement is governed by the laws of the State of New Jersey.
U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 48 CFR 252.227-7013, or in subdivision (c)(1) and (2) of the Commercial Computer SoftwareRestricted Rights clause at 48 CFR 52.27-19, as applicable. Contractor/ manufacturer is Safetynet, Inc. - 140 Mountain Ave. Springfield, NJ 07081.
