CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR TO USING THIS PACKAGE. USE OF ANY PORTION OF THIS PACKAGE INDICATES YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH SUCH TERMS AND CONDITIONS, YOU SHOULD PROMPTLY RETURN THIS PACKAGE BEFORE USING IT TO YOUR PLACE OF PURCHASE FOR A REFUND.
DEFINITIONS
The following definitions apply to the terms as they appear in this agreement:
StarNine means StarNine Technologies, Inc., a Quarterdeck Corporation.
Package means the software, manual(s), and other items accompanying this agreement.
Software means the computer programs contained in the Package, together with all codes, techniques, software tools, formats, designs, concepts, methods, and ideas associated with these computer programs.
You and Your refer to any person or entity that acquires or uses the Package.
PERMITTED USES
StarNine grants you a non-exclusive license to use the software in this package according to the terms set forth below.
You may:
Install and operate the Software on only one computer at a time, except for those portions of the Software which StarNine specifically gives you permission to install and/or operate on more than one computer as described in the manual(s) and/or ReadMe file which are part of the Package.
Make a reasonable number of copies of the Software solely for back-up or archive purposes, which automatically become the property of StarNine and are subject to this agreement. In any such copies, you must reproduce all copyright notices and other identifying or restrictive legends that appear on the Software as received.
Transfer, after providing written notification to StarNine, all (but no lesser portion) of the Software and related manuals to another person or entity, who in turn will be subject to this agreement.
PROHIBITED USES
You may not:
Modify the Software. Any modified or merged portion of the Software is subject to this agreement.
Reverse-engineer, disassemble, decompile, or make any attempt to discover the source code to the Software.
Translate or create derivative works based on the Software.
Remove, obscure, or alter any copyright notice or other proprietary rights related to the Software or Package including manuals.
Sub-license, sell, lend, rent, or lease any portions of the Software.
Copy any portion of the Software, except as described above under Permitted Uses.
Transfer the Package or any portion of the Package to any person or entity in violation of the United States Export Administration Act.
The Software involves valuable proprietary rights of StarNine and others. StarNine retains title to and ownership of the Software and all copyright, trade secret, trade name, trademark, and other property rights related to the Software, regardless of the form that the original or other copies exist in. You may not violate these rights, and you must take appropriate steps to protect StarNine’s rights. StarNine may at any time replace, modify, alter, improve, enhance, or change the Software.
Both the license and your right to use the software terminate automatically if you violate any part of this agreement. In the event of termination, you must immediately destroy all copies of the Software or return them to StarNine.
EXPORT CONTROLS
None of the Software or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
In addition, if the licensed Software is identified as a not-for-export product (for example, on the box, media or in the installation process), then the following applies: EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN CITIZENS, THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS DEFINED BY U.S. GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE UNITED STATES. BY DOWNLOADING OR USING THE SOFTWARE, YOU ARE AGREEING TO THE FOREGOING AND YOU ARE WARRANTING THAT YOU ARE NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF A FOREIGN PERSON.
LIMITED WARRANTY
StarNine warrants that, upon delivery by StarNine, the magnetic media (tapes and/or diskettes) on which the Software program is distributed will be free from defects in materials and workmanship and that the software will substantially conform to the specifications established by StarNine. StarNine does not warrant that the Software is free from all bugs, errors, and omissions.
If any of the Software fails to comply with the warranties set forth above, StarNine will replace the magnetic media or, at StarNine’s option, make a reasonable effort to correct the program errors. To receive any such replacement Software, you must return all copies of the Software, along with a copy of your paid invoice, to your place of purchase within 90 days of the date you received the Software. If StarNine is unable to correct defective magnetic media or program errors, StarNine will refund all or a fair portion of the price you paid for this Package. The refund will fully satisfy your claims for software or disk failure. This limited warranty shall continue for any replacement software for the rest of the original 90-day warranty period or for 30 days from the date you receive the replacement, whichever is longer.
EXCEPT AS SPECIFICALLY SET FORTH ABOVE, STARNINE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SOFTWARE. STARNINE DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME JURISDICTIONS. THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
EXCEPT AS SPECIFICALLY SET FORTH ABOVE, STARNINE AND ITS DIRECTORS, OFFICERS, SUPPLIERS, DISTRIBUTORS AND DEALERS (COLLECTIVELY STARNINE) WILL IN NO EVENT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF STARNINE’S LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. STARNINE’S LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), WILL BE LIMITED TO THE PURCHASE PRICE YOU PAID FOR THE PRODUCT.
STARNINE’S LICENSOR(S) MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SOFTWARE. STARNINE’S LICENSOR(S) DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME JURISDICTIONS. THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL STARNINE’S LICENSOR(S), AND THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY STARNINE’S LICENSOR) BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF STARNINE’S LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. STARNINE’S LICENSOR’S LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), WILL BE LIMITED TO $50.
GENERAL
Although StarNine is not responsible for maintaining or helping you use the Software, StarNine does at its discretion offer support. To receive support, you or the person who installed the Software for you must complete and return the enclosed user Registration Card.
This agreement constitutes the entire agreement and supersedes any prior agreement between StarNine and you concerning the contents of this package. StarNine is not bound by any provision of any purchase order, receipt, acceptance, confirmation, correspondence, or otherwise, unless an authorized corporate officer of StarNine specifically agrees to the provision in writing and the writing includes the officer’s signature. Any written or oral information or advice given by StarNine dealers, distributors, agents, or employees will in no way increase the scope of this warranty. Nor may you rely on any such oral or written communication. This agreement cannot be amended, modified, or waived, unless the change is written and signed by an authorized corporate officer of StarNine.
