PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.
1. License
The application and other software accompanying this License, whether on disk, in read only memory, or on any other media, and the related documentation are licensed to you by Autumn Software. This License allows you to use the Autumn Software on a single Apple computer and make one copy of the Autumn Software in machine-readable form for backup purposes only.
2. Termination
This License is effective until terminated. You may terminate this License at any time by destroying the Autumn Software and related documentation.
3. Disclaimer of Warranty on Autumn Software
You expressly acknowledge and agree that use of the Autumn Software is at your sole risk. The Autumn Software, related documentation are provided "AS IS" and without warranty of any kind. AUTUMN SOFTWARE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUTUMN SOFTWARE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE AUTUMN SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE AUTUMN SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE AUTUMN SOFTWARE WILL BE CORRECTED. FURTHERMORE, AUTUMN SOFTWARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE AUTUMN SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AUTUMN SOFTWARE OR AN AUTUMN SOFTWARE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE AUTUMN SOFTWARE PROVE DEFECTIVE, YOU (AND NOT AUTUMN SOFTWARE, AN AUTUMN SOFTWARE AUTHORIZED REPRESENTATIVE OR, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
4. Limitation of Liability
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL AUTUMN SOFTWARE BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE AUTUMN SOFTWARE OR RELATED DOCUMENTATION, EVEN IF AUTUMN SOFTWARE OR AN AUTUMN SOFTWARE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In no event shall Autumn Software's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Autumn Software Package.
5. Controlling Law and Severability
This License shall be governed by and construed in accordance with the laws of the United States.
6. Complete Agreement
This License constitutes the entire agreement between the parties with respect to the use of the Autumn Software and related documentation and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative ofAutumn Software.
