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- FileBack PC License Agreement
-
- IMPORTANT - THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN
- INDIVIDUAL OR AN ENTITY) AND MAXIMUM OUTPUT SOFTWARE. BY
- INSTALLING AND/OR BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT
- YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO
- BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT IT IS THE FULL AND
- COMPLETE AGREEMENT BETWEEN US, SUPERSEDING ALL PRIOR WRITTEN OR
- VERBAL AGREEMENTS OF ANY KIND. IF YOU DO NOT UNDERSTAND OR DO
- NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST CEASE USING
- THIS PRODUCT IMMEDIATELY AND PROMPTLY RETURN ALL MATERIALS
- (INCLUDING DISK OR DISKS AND WRITTEN MATERIALS) TO MAXIMUM OUTPUT
- SOFTWARE.
-
- Maximum Output Software Software License Agreement
-
- 1. GRANT OF LICENSE. This License Agreement permits you to use one copy of the
- enclosed Maximum Output Software software program (the "SOFTWARE") on a single
- computer. The SOFTWARE is in "use" on a computer when it, in usable form, is loaded
- into temporary memory (i.e. random access memory) or installed into permanent storage
- (e.g. hard disk drive, CD-ROM, or other storage device) of that computer. However,
- the installation files may be placed on a networked computer for the sole purpose of
- internal distribution, and shall not constitute "use" for which a separate license
- is required, provided you have purchased a separate license for each computer to
- which the SOFTWARE is installed.
-
- 2. COPYRIGHT. The SOFTWARE is owned by Maximum Output Software and its
- author, Douglas Alan Johnson, and is protected by United States copyright laws and
- international treaty provisions. The SOFTWARE must be treated like all other
- copyrighted materials (e.g. books or musical recordings), with the two following
- exceptions: You may either (a) make copies of the SOFTWARE solely for backup or
- archival purposes, or (b) transfer the SOFTWARE to a single hard disk of each
- computer where the software is installed provided you keep the original solely for
- backup or archival purposes. You may not copy any written materials accompanying
- the SOFTWARE.
-
- 3. OTHER RESTRICTIONS. Renting or leasing of the software is not permitted. You
- may transfer the SOFTWARE and accompanying written materials on a permanent
- basis provided you retain no copies and the recipient agrees to the terms of this
- Agreement. You may not decompile, reverse engineer, or disassemble the
- SOFTWARE. If the SOFTWARE is an update or has been updated, any transfer must
- include the most recent update and all prior versions.
-
- LIMITED WARRANTY. This program is provided "as is" without any warranty of any
- kind, either expressed or implied, including, but not limited to, the implied warranties of
- merchantability and fitness for a particular purpose. The entire risk as to the quality and
- performance of the SOFTWARE is with you, the licensee. Should the SOFTWARE
- prove defective, you assume the risk and liability for the entire cost of all necessary
- repair, service, or correction. Some states/jurisdictions do not allow the exclusion of
- implied warranties, so the above exclusion may not apply to you. This warranty gives
- you specific legal rights, and you may have other rights, which vary from
- state/jurisdiction to state/jurisdiction.
-
- Maximum Output Software does not warranty the functions contained in the
- SOFTWARE will meet your requirements, or that the operation of the SOFTWARE will
- be error-free or uninterrupted. Maximum Output Software does warrant that the disk(s)
- on which the program is furnished shall be free from defects in materials and
- workmanship for a period of ninety (90) days from the date of purchase, so long as
- proof of purchase is provided.
-
- CUSTOMER REMEDIES. Maximum Output Software's and its suppliers' entire liability
- and your exclusive remedy shall be, at Maximum Output Software's option, either (a)
- return of the price paid, or (b) repair or replacement of the SOFTWARE that does not
- meet Maximum Output Software's Limited Warranty and which is returned to Maximum
- Output Software with proof of purchase. 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 are available outside the United States without proof of purchase from an
- authorized non-U.S. source.
-
- NO OTHER WARRANTIES. To the maximum extent permitted by applicable law,
- Maximum Output Software and its suppliers disclaim all other warranties, either express
- or implied, including, but not limited to, implied warranties of merchantability and fitness
- for a particular purpose, with regard to the SOFTWARE, the accompanying written
- materials, and any accompanying hardware. This limited warranty gives you specific
- legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.
-
- NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted
- by applicable law, in no event shall Maximum Output Software 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 any other pecuniary loss)
- arising out of the use or inability to use this Maximum Output Software product, even if
- Maximum Output Software has been advised of the possibility of such damages or for
- any claim by any other party. Because some states/jurisdictions do not allow the
- exclusion or limitation of liability for consequential or incidental damages, the above
- limitation may not apply to you.
-
- U.S. Government Restricted Rights
- The SOFTWARE and documentation are subject to export controls under the United
- States Export Administration Act, as amended, which Act prohibits exports of certain
- commodities and technical data, including software, to specified countries. In particular,
- the SOFTWARE may not be exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, or
- Syria. You hereby certify that neither the SOFTWARE nor the documentation will be
- transmitted or forwarded outside of your country.
-
- If you acquired this product in the United States, this Agreement is governed by the
- laws of the State of Utah.
-
-