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- Micrografx Software License Agreement (with Network Provisions)
-
- This is a legal agreement between you (an individual or an entity),
- the end user, and Micrografx, Inc. If you do not agree to the terms
- of this Agreement, promptly return the disk package and accompanying
- items (including written materials and binders or other containers)
- to the place you obtained them for a full refund.
-
- License
-
- 1. Grant of License. This Micrografx Software License Agreement
- ("License") permits you to use one copy of the Micrografx software
- product ("Software") on any single computer, provided the Software is
- in use on only one computer at any time. If you have multiple Licenses
- for the Software, then at any time you may have as many copies of the
- Software in use as you have Licenses. The Software is "in use" in a
- computer when it is loaded into the temporary memory (i.e., RAM) or is
- installed into the permanent memory (e.g., hard disk, CD-ROM, or other
- storage device) of that computer. However, a copy installed on a network
- server for the sole purpose of distribution to other computers is not
- "in use." If the anticipated number of users of the Software will exceed
- the number of applicable Licenses, you must have a reasonable mechanism
- or process in place to assure that the number of persons using the
- Software concurrently does not exceed the number of Licenses. If the
- Software is permanently installed on the hard disk or other storage
- device of a computer (other than a network server), then the person
- authorized to use such computer also may use the Software on a portable
- computer, laptop, and home computer. If such person's authorization to
- use such computer ceases for any reason (e.g. termination of employment),
- then such person's authority to use the software on a portable computer,
- laptop, and home computer shall cease.
-
- 2. Copyright. The Software is owned by Micrografx 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 written materials accompanying the Software.
-
- 3. Other Restrictions. This License is your proof of license to exercise
- the rights granted herein and must be retained by you. You may not rent
- or lease the Software, but you may transfer your rights under this
- License on a permanent basis provided that you transfer this License,
- the Software and all accompanying written materials, you retain no copies,
- and the recipient agrees to the terms of this License. You may not decompile,
- or disassemble the Software. If the Software is an update, any transfer must
- include the update and all prior versions.
-
- 4. Multiple Media Software. If the Software package contains both 3.5" and
- 5.25" disks, or other media, then you may use only the media appropriate for
- your single designated computer or network server. You may not use the other
- media on another computer or computer network, or loan, rent, lease, or
- transfer them to another user except as part of a transfer or other use
- expressly permitted by this License.
-
- Limited Warranty
-
- 5. Limited Warranty. Micrografx warrants that the Software will perform
- substantially in accordance with the accompanying written materials and will
- be free from defects in materials and workmanship under normal use and service
- for a period of ninety (90) days from the date of receipt. Any implied
- warranties on the Software are limited to ninety (90) days. Some states do not
- allow limitations on the duration of an implied warranty, so the above
- limitations may not apply to you. This limited warranty gives you specific
- legal rights. You may have others, which vary from state to state.
-
- 6. Customer Remedies. Micrografx's entire liability and your exclusive
- remedy shall be, at Micrografx's option, either (a) return of the price
- paid or (b) repair or replacement of the Software that does not meet
- Micrografx's Limited Warranty and that is returned to Micrografx with a
- copy of your receipt. 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 thirty (30) days, whichever is longer. Neither these
- remedies nor any product support services offered by Micrografx are
- available for this U.S.A. version product outside the United States of
- America.
-
- 7. No Other Warranties. Micrografx disclaims all other warranties, either
- express or implied, including but not limited to implied warranties of
- merchantability and fitness for a particular purpose, with respect to
- the Software, the accompanying written materials, and any accompanying
- hardware.
-
- 8. No Liability for Consequential Damages. In no event shall Micrografx
- 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 other pecuniary loss) arising out of the
- use of or inability to use the Software, even if Micrografx has been
- advised of the possibility of such damages. Because some states do not
- allow the exclusion or limitations of consequential or incidental damages,
- the above limitations may not apply to you.
-
- 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 subparagraph (c) (1) (ii) of the Rights in Technical Data
- and Computer Software clause as DFARS 252.227-7013 or
- subparagraphs (c) (1), (2) and (3) of the Commercial Computer
- Software -- Restricted Rights at 48 CFR 52.227-19, as applicable, and any
- amendments thereto. Contractor/manufacturer is Micrografx, Inc.,
- 1303 Arapaho Rd., Richardson, TX 75081.
-
- This Agreement is governed by the laws of the State of Texas.
-
- For more information about Micrografx's licensing policies, please call
- Micrografx Customer Service at 1-800-733-3729 or write: Micrografx
- Customer Sales and Service, 1303 Arapaho Rd., Richardson, TX 75081.
-
- Revised 8/95
-