CAREFULLY READ THIS LICENSE AND LIMITED WARRANTY AGREEMENT (HITS "Agreement") BEFORE YOU BREAK THE SEAL ON THE PACKAGE CONTAINED IN THIS PRODUCT OR USE ANY OF THE CONTENTS OF THIS PRODUCT. This is a legal agreement between you (either an individual or an entity) and InkWell Software, Inc. By breaking the seal on the enclosed package or using any of the contents of this product, you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement do not break the seal or use any of the contents of this product, and return the product and your receipt to the place you obtained the product, within thirty days after you obtained the product, for a full refund.
DEFINITIONS
The following definitions apply to the terms as they appear in this Agreement:
• 'You' and 'Your' refer to any person or entity that acquires or uses this Product.
• 'Programs' means the computer programs contained in this Product created by InkWell Software, Inc. or its suppliers.
• 'Product' means the Programs, documentation and other material provided to You by InkWell Software, Inc.
LICENSE
You are obtaining limited rights to use this Product subject to the terms of this Agreement. InkWell Software, Inc. or its suppliers retain ownership of (i) the Product and any copies You make of the Product and (ii) any intellectual properties related to the Product.
PERMITTED USES OF THE PROGRAMS
InkWell Software, Inc. grants You a limited license to use the Programs as follows. You may:
• make a copy of the Programs on a storage device solely for execution on one computer at a time;
• load a copy of the Programs in memory of one computer for use with that computer by one person at a time; and,
• make a copy of the Programs for archival purposes only.
PROHIBITED USES
You may not use, copy or distribute the Programs or documentation contained in this Product except as expressly described in this Agreement or permitted in writing signed by an authorized representative of InkWell Software, Inc. Without limiting the generality of the foregoing statement, You may not:
• reverse engineer, disassemble or decompile the Programs or in any way attempt to discover or reproduce the codes, techniques, formats, concepts, methods, ideas and information contained in or used to create the Programs;
• export the Product or any product thereof to any person or entity in violation of the US Export Administration Act;
• distribute the Programs for use by others outside Your business.
TERMINATION
This Agreement and Your rights to use the Product terminate automatically if you violate any part of this Agreement. In the event of termination, you must immediately destroy all copies of the Product or return the Product to InkWell Software, Inc.
LIMITED WARRANTY
InkWell Software, Inc. warrants that, upon delivery by InkWell Software, Inc. the media on which the product is distributed will be free from defects in materials and workmanship and the Programs will substantially conform to published specifications and to the documentation, provided the Programs are used on the computer hardware and with the operating systems for which they were designed. If the Product fails to comply with this limited warranty, InkWell Software, Inc. will replace the media or, at InkWell Software, Inc.'s option, make a reasonable effort to correct any nonconformities in the Programs. You must, however, return Your original media, along with a copy of your paid invoice, to InkWell Software, Inc. or its authorized representative within 90 days of the date you received the Product. If InkWell Software, Inc. is unable to correct defective media or nonconformities in the Programs, InkWell Software, Inc. will refund the price You paid for this Product. The refund will fully satisfy all of Your claims under this limited warranty. This limited warranty shall continue for any replacement Product for the rest of the original 90-day warranty period or for 30 days from the date You receive the replacement, whichever is longer. InkWell Software, Inc.'s liability to You for actual damages for any cause whatsoever, and regardless of the form of the action, will be limited to the money paid for the Product. InkWell Software, Inc. does not warrant that the Product is free from all errors and omissions or that the functions contained in the Product will meet your requirements.
EXCEPT AS SPECIFICALLY SET FORTH ABOVE, INKWELL SOFTWARE, INC. AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
EXCEPT AS SPECIFICALLY SET FORTH ABOVE, INKWELL SOFTWARE, INC. AND ITS SUPPLIERS WILL IN NO EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, EITHER DIRECT OR INDIRECTLY INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS PROFITS, INCOME OR USE OF DATA. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, THE LIMITATIONS SET FORTH IN THIS AGREEMENT MAY NOT APPLY TO YOU.
SEVERABILITY
This License will be construed under the laws of the state of Georgia, except for that body of law dealing with conflict of laws. If any provision of this license shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect.
