Brookline Software End User License Agreement for SerialSpeed 230
This Agreement has 3 parts. Part I applies if you have not purchased
a license for SerialSpeed 230 software (the "Software"). Part II
applies if you have purchased a license to the Software. Part III applies in all cases.
If you initially acquired a copy of the Software without purchasing a license
and you wish to purchase a license, contact Brookline Software on the Internet at http://www.brooklinesw.com/ or via email: info@brooklinesw.com.
PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID (LIMITED
TO EVALUATION, AND EDUCATIONAL USE) GRANT.
Brookline Software grants you a non-exclusive license to use the Software free
of charge if your use of the Software is for the purpose of evaluating whether to purchase an ongoing
license to the Software. The evaluation period is limited to 14 days.
DISCLAIMER OF WARRANTY.
Free of charge Software is provided on an "AS IS" basis, without
warranty of any kind, including without limitation the warranties of
merchantability, fitness for a particular purpose and
non-infringement. The entire risk as to the quality and performance of
the Software is borne by you. Should the Software prove defective,
you and not Brookline Software assume the entire cost of any service and
repair. This disclaimer of warranty constitutes an essential part of the agreement. SOME
JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS
DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS
THAT VARY BY JURISDICTION.
PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID
GRANT. Subject to payment of applicable license fees, Brookline Software grants
to you a non-exclusive license to use the Software and accompanying
documentation ("Documentation") in the manner described in Part III
below under "Scope of Grant."
LIMITED WARRANTY.
Brookline Software warrants that for a period of one (1) year from the date
of acquisition, the Software, if operated as directed, will
substantially achieve the functionality described in the Documentation.
Brookline Software does not warrant, however, that your use of
the Software will be uninterrupted or that the operation of the
Software will be error-free. Brookline Software also warrants
that the media containing the Software, if provided by Brookline Software, is free
from defects in material and workmanship and will so remain for one (1) year
from the date you acquired the Software. Brookline Software's sole liability
for any breach of this warranty shall be, in Brookline Software's sole discretion:
(i) to replace your defective media; or (ii) to advise you how to achieve
substantially the same functionality with the Software as described in
the Documentation through a procedure different from that set forth in
the Documentation; or (iii) if the above remedies are impracticable,
to refund the license fee you paid for the Software. Repaired,
corrected, or replaced Software and Documentation shall be covered by
this limited warranty for the period remaining under the warranty that
covered the original Software, or if longer, for thirty (30) days
after the date (a) of shipment to you of the repaired or replaced
Software, or (b) Brookline Software advised you how to operate the Software so
as to achieve the functionality described in the Documentation. Only
if you inform Brookline Software of your problem with the Software during the
applicable warranty period and provide evidence of the date you
purchased a license to the Software will Brookline Software's be obligated to
honor this warranty. Brookline Software's will use reasonable commercial efforts
to repair, replace, advise or, for individual consumers, refund
pursuant to the foregoing warranty within 30 days of being so
notified.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY
BROOKLINE SOFTWARE. BROOKLINE SOFTWARE MAKES NO OTHER EXPRESS WARRANTY
AND NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO
THE ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY
NOT APPLY TO YOU. NO BROOKLINE SOFTWARE DEALER, AGENT, OR EMPLOYEE IS
AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS
WARRANTY. If any modifications are made to the Software by you during
the warranty period; if the media is subjected to accident, abuse, or
improper use; or if you violate the terms of this Agreement, then this
warranty shall immediately be terminated. This warranty shall not
apply if the Software is used on or in conjunction with hardware or
software other than the unmodified version of hardware and software
with which the software was designed to be used as described in the
Documentation. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU
MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
PART III -- TERMS APPLICABLE TO ALL LICENSE GRANTS
SCOPE OF GRANT.
You may:
* use the Software on any single computer;
* use the Software on a network, provided that each person accessing
the Software through the network must have a copy licensed to that
person;
* copy the Software for archival purposes or distribution in accordance
with the terms of your site license or worldwide license.
* copy the Software for distribution to others, provided these copies are
unregistered ("trial copies") and contain a complete set of documentation
and registration information.
You may not:
* permit other individuals to use the Software except under the terms
listed above;
* permit concurrent use of the Software;
* use the Software on any additional computers without a corresponding
number of licenses;
* copy the Software other than as specified above;
* rent, lease, or grant a security interest in the Software; or
* remove any proprietary notices or labels on the Software.
TITLE.
Title, ownership rights, and intellectual property rights in the
Software shall remain in Brookline Software and/or its suppliers. The Software
is protected by the copyright laws and treaties.
TERMINATION.
The license will terminate automatically if you fail to comply with
the limitations described herein. On termination, you must destroy
all copies of the Software and Documentation.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL BROOKLINE SOFTWARE OR ITS SUPPLIERS
OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL BROOKLINE SOFTWARE BE
LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT BROOKLINE SOFTWARE RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF BROOKLINE SOFTWARE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
MISCELLANEOUS.
This Agreement represents the complete agreement concerning this license and may amended only by
a writing executed by both parties. If any provision of this Agreement is held to be unenforceable, such
provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by New York State law (except for conflict of law provisions).
