By breaking the seal of this package or using this software you agree to the following terms and conditions and any additional terms and conditions in the accompanying documentation. If you do not agree with the terms and conditions contained herein, return the entire package to your place of purchase for a full refund.
If you or your company have signed a written software license agreement with Cheyenne (as hereinafter defined) covering the use of this software, the terms of such signed agreement shall take precedence over any conflicting terms of this License Agreement. For purposes of this Agreement, Cheyenne shall mean Cheyenne Software, Inc. and Cheyenne Software International Sales Corp. ("CSISC"), wholly owned subsidiaries of Computer Associates International, Inc.
1. Cheyenne hereby grants to you a non-exclusive, non-transferable (except with Cheyenne's permission) license to use the enclosed software and related user documentation. YOU DO NOT OWN THE SOFTWARE ITSELF. CSISC constitutes and shall remain the sole owner of the software. The software program and accompanying documentation are proprietary products of CSISC and are protected by United States and international copyright laws, international treaty provisions and applicable law.
Except to the extent you are expressly authorized in the accompanying documentation to use the software on more than one computer, file server or equivalent, your right to use the software is limited to installing the software onto a single computer or file server or equivalent in accordance with instructions provided to you, executing the software after installation, and making a single archive copy in the form provided for backup purposes provided that you reproduce and place Cheyenne's copyright notice on any backup copy of the software. You may not copy the written materials accompanying the software or print copies of any user documentation provided "online" or in electronic form.
For Live Trial software, your right to use the software is limited to using and evaluating the software on a single computer or file server or equivalent for a thirty day evaluation period (or other specified period) commencing upon installation of the software. At the end of that period, the file shall automatically disable itself.
2. Except as permitted by applicable law, you may not: attempt to determine the source code for the software; modify, reprogram, translate, disassemble, decompile, or otherwise reverse engineer the software; sublicense the software to anyone else; or allow anyone else to access or execute the software through time sharing services such as a service bureau. Any attempt to do any of these things will automatically terminate your right to use the software without notice from Cheyenne.
3. Except as permitted by applicable law, the software may only be used by the purchaser in the country in where purchased, and may not be resold, transferred, sublicensed, or transshipped, within or without that country, without Cheyenne's express written permission. Cheyenne will not withhold approval of a transfer if you advise Cheyenne in writing of the name and address of the proposed transferee and the transferee agrees to be bound by this License Agreement. In the event of an approved transfer, you must transfer all copies of the software and accompanying written materials and you may not retain any copies.
4. CHEYENNE WARRANTS THAT: (A) THE MEDIA ON WHICH THE SOFTWARE IS DELIVERED SHALL BE FREE OF DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF 90 DAYS OF NORMAL USE FROM THE DATE OF PURCHASE, AND (B) THE SOFTWARE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH ITS SPECIFICATIONS FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF RECEIPT. THE FOREGOING WARRANTY IS VOID IF FAILURE OF THE SOFTWARE IS FROM ACCIDENT, ABUSE OR MISAPPLICATION. CHEYENNE'S SOLE OBLIGATION AND YOUR EXCLUSIVE REMEDY UNDER THIS WARRANTY, IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BE, AT CHEYENNE'S OPTION, EITHER (A) TO RETURN THE PRICE PAID, OR (B) TO REPAIR OR REPLACE THE SOFTWARE THAT FAILS TO MEET CHEYENNE'S LIMITED WARRANTY, UPON RETURN OF THE SOFTWARE TO CHEYENNE OR THE PARTY FROM WHOM YOU OBTAINED THE SOFTWARE, TOGETHER WITH A COPY OF YOUR PAID RECEIPT. CHEYENNE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. CHEYENNE SHALL NOT BE RESPONSIBLE FOR PROBLEMS CAUSED BY CHANGES IN THE OPERATING CHARACTERISTICS OF COMPUTER HARDWARE OR COMPUTER OPERATING SYSTEMS WHICH ARE MADE AFTER THE RELEASE OF THE SOFTWARE NOR FOR PROBLEMS WITH THE INTERACTION OF THE SOFTWARE WITH NON-CHEYENNE SOFTWARE. CHEYENNE'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS LICENSE AGREEMENT OR THE SOFTWARE OR THE WRITTEN MATERIALS ACCOMPANYING THE SOFTWARE IS LIMITED TO THE TOTAL OF ALL PAYMENTS MADE BY OR FOR YOU FOR THE SOFTWARE.
THE ABOVE WARRANTIES DO NOT APPLY TO EVALUATION SOFTWARE, LIVE TRIAL SOFTWARE, OR ANY SOFTWARE OBTAINED LEGALLY FROM CHEYENNE WITHOUT CHARGE. CHEYENNE'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO ANY SUCH SOFTWARE IS LIMITED TO $5,000.
EXCEPT FOR THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY BY CHEYENNE OR ITS SUPPLIERS OR DISTRIBUTORS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL CHEYENNE, OR ITS DISTRIBUTORS OR SUPPLIERS, BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA, COSTS OF RECREATING LOST DATA, LOSS OF PROFITS OR BUSINESS INFORMATION OR BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER CHEYENNE HAS BEEN ADVISED THAT SUCH DAMAGES MAY BE INCURRED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSIONS OF CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
5. This License Agreement is effective from the first date you break the seal on this package or use this software and will remain in force until terminated. You may terminate this License Agreement at any time by destroying the software and accompanying written materials together with all copies. This License Agreement shall also automatically terminate if you breach any of the terms and conditions of this License Agreement. If for any reason your right to use the software terminates, you must remove and destroy all copies of this software and any documentation provided to you. Upon Cheyenne's request, you must provide written certification of such destruction.
6. U.S. GOVERNMENT RESTRICTED RIGHTS. The software and accompanying materials 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 [OCT. 1988] clause at DFARS 252.227-7013 and subparagraphs (a) through (d) of the Commercial Computer Software-Restricted Rights [June 1987] clause at FAR 52.227-19, as applicable. Contractor/manufacturer is Computer Associates International, Inc., One Computer Associates Plaza, Islandis, NY 11788.
7. If this product was purchased as an upgrade, you must be the lawful user of the software subject to the upgrade, and this License Agreement replaces the previously issued License Agreement.
8. This License Agreement may not be modified unless in writing signed by Cheyenne. If any term of this License Agreement is found unenforceable, the terms shall be interpreted to the maximum extent permitted by applicable law. Cheyenne disclaims any warranty, representation or promise which is different from, or in addition to, the representations or promises of this License Agreement.
9. If you acquired this product in the United States, this License Agreement is governed by the substantive laws of the State of New York without regard to the conflicts of laws principles thereof. If this product was acquired outside the United States, then local law may apply.
10. Your use of the software is an acknowledgment that you have read and agreed to the terms and conditions of this License Agreement.
Cheyenne and the product name identifying the software are registered trademarks or trademarks of Computer Associates International, Inc. or one of its subsidiaries in the United States and certain other countries.
Cheyenne Software, Inc., 3 Expressway Plaza, Roslyn Heights, New York 11577; Telephone 516-465-5000; Toll Free: 800-243-9462.
Cheyenne Software, SARL, Bel Air Building, 58 Rue Pottier, 78150 Le Chesnay, France; Telephone: +33-1-39 23 1880.
