BY INSTALLING THE BEOS YOU AGREE THAT YOU HAVE READ THIS LICENSE, THAT YOU ARE BOUND BY ITS TERMS AND THAT IT IS THE ONLY AGREEMENT BETWEEN US REGARDING THE PROGRAM AND DOCUMENTATION.
INSTALLING THE BEOS INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. READ ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR TO INSTALLING. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST RETURN THE BEOS AND ANY UNOPENED PACKAGE (PACKET AND ALL OTHER MATERIALS) WITHIN 5 DAYS OF OBTAINING THE BEOS, WITH YOUR RECEIPT, AND YOUR MONEY WILL BE RETURNED.
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PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE PROGRAM OR DOCUMENTATION OR ANY COPY, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.
LICENSE. This software program and documentation are licensed, not sold, to you. You have a non-exclusive and nontransferable right to use the enclosed program and documentation. This program can only be used on a single computer located in the United States and its territories or any other country to which this software is legally exported. You may physically transfer the program from one computer to another provided that the program is used on only one computer at a time. This software is considered to be in use on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g. hard drive) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not "in use." You may merge it into another program for your use on a single machine. You agree that the program and documentation belong to Be Incorporated and its licensors. You agree to use your best efforts to prevent and protect the contents of the program and documentation from unauthorized disclosure or use. Be Incorporated and its licensors reserve all rights not expressly granted to you.
LIMITATIONS ON USE. You may not rent, lease, sell or otherwise transfer or distribute copies of the program or documentation to others. You may not modify or translate the program or the documentation without the prior written consent of Be Incorporated. You may not reverse assemble, reverse compile or otherwise attempt to create the source code from the program. Licensee shall not use Be Incorporated's name or refer to Be Incorporated directly or indirectly in any papers, articles, advertisements, sales presentations, news releases or releases to any third party without the prior written approval of Be Incorporated for each such use. Licensee shall not release the results of any performance or functional evaluation of any program to any third party without prior written approval of Be Incorporated for each such release.
BACKUP AND TRANSFER. You may make one copy of the program for backup purposes if Be Incorporated's copyright notice is included. You may not sublicense the program, or assign, delegate or otherwise transfer this license or any of the related rights or obligations for any reason. Any attempt to make any such sublicense, assignment, delegation or other transfer by you shall be void.
COPYRIGHT. The program and related documentation are copyrighted. You may not copy any documentation. You may not copy the program (or this license) except to provide a backup copy and to load the program into the computer as part of executing the program. Any and all other copies of the program made by you are in violation of this license.
OWNERSHIP. You agree that you neither own nor hereby acquire any claim or right of ownership to the program and documentation or to any related patents, copyrights, trademarks or other intellectual property. You own only the magnetic or other physical media on which the program and related documentation are recorded or fixed. Be Incorporated and its licensors retain all right, title and interest in and to the documentation and all copies and the program recorded on the original media and all subsequent copies of the program at all times, regardless of the form or media in or on which the original or other copies may subsequently exist. This license is not a sale of the original or any subsequent copy.
TERM AND TERMINATION. This license is effective until terminated. You may terminate this license at any time by destroying the program and documentation and the permitted backup copy. This license automatically terminates if you fail to comply with its terms and conditions. You agree that, upon such termination, you will destroy (or permanently erase) all copies of the program and documentation. You also agree that, upon termination, you will return the original program and documentation to Be Incorporated, together with any other material you have received from Be Incorporated in connection with the program.
LIMITED WARRANTY. Be Incorporated warrants the media on which the program is furnished to be free from defects in materials and workmanship under normal use for 30 days from the date that you obtain the program. EXCEPT FOR THIS LIMITED WARRANTY, BE INCORPORATED AND ITS LICENSORS PROVIDE THE PROGRAM AND THE DOCUMENTATION "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Some states 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 also have other rights which vary from state to state.
LIMITATION OF REMEDIES. Be Incorporated and its licensors' entire liability and your exclusive remedy in connection with the program and the documentation shall be that you are entitled to return the defective media containing the program together with the documentation to the merchant. At the option of the merchant, you may receive replacement media containing the program and documentation that conforms with the limited warranty or a refund of the amount paid by you. IN NO EVENT WILL BE INCORPORATED OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE PROGRAM INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF SUCH USE OR INABILITY TO USE THE PROGRAM, EVEN IF BE INCORPORATED, ITS LICENSORS OR AN AUTHORIZED BE INCORPORATED DEALER, DISTRIBUTOR OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.
This license will be governed by the laws of the State of California as applied to transactions taking place wholly within California between California residents.
U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND. Use, duplication, reproduction or disclosure by the Government is subject to restrictions in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013 and in subparagraphs (a) through (d) of the Commercial Software - Restricted Rights Clause at 52.227-19.
