READ THE TERMS AND CONDITIONS OF THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE. BY USING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDE THE SOFTWARE LICENSE AND THE LIMITED WARRANTY (collectively, the "Agreement"). IF YOU DO NOT ACCEPT OR AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PROMPTLY DESTROY ALL COPIES OF THE SOFTWARE.
1. License to Use. Lakewood Software grants you ("Customer") a nonexclusive and nontransferable license ("License") to use the enclosed AG Author software and accompanying documentation ("Software") to develop and compile Apple Guide files. This License does not grant the right to distribute any form of the Software.
2. Restrictions. The Software is copyrighted and title to all copies is retained by Lakewood Software. This program is licensed to you for use under the terms of this Agreement. This license is not a sale. Title and copyrights to the software and any copy of the software made by you remain with Lakewood Software. Unauthorized copying of the Software, or failure to comply with the restrictions below, will result in automatic termination of the license and will make available to Lakewood Software other legal remedies.
You may: Make one (1) copy of the Software in machine readable form solely for backup purposes, provided that you reproduce all copyright and proprietary notices on the copy.
You may not: Make copies of the documentation or program disks except for the one (1) backup copy. Distribute Software or Applications which incorporates the Software in any manner. Loan, rent, sell, sublicense or otherwise transfer the software and/or documentation. Modify, translate, reverse engineer, decompile, disassemble, create derivative works based on or copy (except for the backup copy) the Software. Remove any proprietary notices, labels or marks on the Software of Lakewood Software or its licensors. Export or reexport, whether directly or indirectly, the Software, or any direct or derivative products thereof, outside the country of origin.
3. Limited Warranty. Lakewood Software warrants that the media on which the Software is furnished will be free of defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase. Otherwise, the Software is provided "AS IS," without a warranty of any kind. This warranty extends only to Customer as the original licensee. Lakewood Software's entire liability and Customer's exclusive remedy under this warranty will be the correction of defects in media or replacement of the media, or if correction or replacement is not reasonably achievable by Lakewood Software, the refund to Customer of the license fee, upon return of the software.
4. Disclaimer of Warranty. Except as specified in this license agreement, all express or implied representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement, are hereby excluded. Lakewood Software does not warrant that the operation of the software will be uninterrupted or error-free.
5. Limitation of Liability. In no event will Lakewood Software be liable for any lost revenue, profit, or data, or for special, indirect, consequential, incidental or punitive damages however caused and regardless of theory of liability arising out of the use of or inability to use the software, even if Lakewood Software has been advised of the possibility of such damages.
6. Confidentiality. The Software is confidential and proprietary information of Lakewood Software and/or its licensors. Customer agrees to take adequate steps to protect the Software from unauthorized disclosure, copying or use.
7. Termination. This License is effective until terminated. Customer may terminate this License by destroying all copies of the Software including accompanying documentation. This license will terminate immediately without notice from Lakewood Software if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy all copies of Software
8. U.S. Government Restricted Rights. If Customer is acquiring the Software on behalf of the U.S. Government, the following provisions apply. If the Software is supplied to the Department of Defense ("DOD"), the Software is subject to "Restricted Rights" as that term is defined in the DOD Supplement to the Federal Acquisition Regulations in paragraph 252.227-7013(c). If the Software is supplied to any unit or agency of the United States Government other than DOD, the government's rights in the Software will be defined in paragraph 52.227-19(c)(2) of the Federal Acquisition Regulations. Use, duplication, reproduction or disclosure by the Government is subject to such restriction.
9. Governing Law. This License is made under and will be governed by the laws of the Province of Ontario, Canada, excluding its choice of law provisions.
10. Integration. This Agreement between Customer and Lakewood Software is the entire agreement between Customer and Lakewood Software relating in any way to the Software. This Agreement supersedes any proposal or prior agreement, oral or written and any other communication relating to the subject matter of this Agreement. No variation of the terms of this Agreement or different terms will be enforceable against Lakewood Software unless Lakewood Software gives its express consent, including an express waiver of the terms of this Agreement, signed in writing by an officer of Lakewood Software.
11. Support. You must register the Software with Lakewood Software to be eligible for customer support and service.
IF YOU HAVE ANY QUESTIONS REGARDING THIS LICENSE, PLEASE CONTACT LAKEWOOD SOFTWARE IN WRITING AT:
