Please read this License carefully before opening this package. By opening this package, you agree to become bound by the terms of this license. If you do not agree to the terms of this license, do not open this package and promptly return this package unopened to the place where you obtained it for a full refund.
The enclosed computer program(s) (the “Software”) is licensed, not sold, to you by Extensis Corporation (“Extensis”) for use only under the terms of this License, and Extensis reserves any rights not expressly granted to you. You own the disk(s) on which the Software is recorded or fixed, but Extensis and its licensors retain ownership of the Software itself.
1. License. This License allows you to use one copy of the Software on a single computer at a time. To “use” the Software means that the Software is either loaded in the temporary memory (i.e., RAM) of a computer or installed on the permanent memory of a computer (i.e., hard disk, CD ROM, etc.). You may use at one time as many copies of the Software as you have licenses for. You may install the Software on a common storage device shared by multiple computers, provided that if you have more computers having access to the common storage device than the number of licensed copies of the Software, you must have some software mechanism which locks-out any concurrent users in excess of the number of licensed copies of the Software
(an additional License is not needed for the one copy of Software stored on the common storage device accessed by multiple computers.) If the Software is installed on the permanent memory of a single desktop computer (i.e., not a storage device shared by multiple computers) and that desktop computer is used by one individual for at least 80% of the time the computer is in use, that same individual may also use a copy of the Software on a portable or home computer.
You may make one copy of the Software in machine readable form solely for backup purposes. The Software is protected by copyright law. As an express condition of this License, you must reproduce on each copy of the Extensis copyright notice and any other proprietary legends that were on the original copy supplied by Extensis.
You may permanently transfer all your rights under this License to another party by providing to such party all copies of the Software licensed under this License together with a copy of this License and all written materials accompanying the Software, provided that the other party reads and agrees to accept the terms and conditions of this License.
2. Restrictions. The Software contains trade secrets in its human perceivable form and, to protect them, YOU MAY NOT REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
3. Termination. This License is effective until terminated. This License will terminate immediately without notice from Extensis or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the Software, all accompanying written materials, and all copies thereof. You may also terminate this License at any time by destroying the Software, all accompanying written materials and all copies thereof.
4. Export Law Assurances. You agree that neither the Software nor any direct product thereof is being or will be shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder or will be used for any purpose prohibited by the Act.
5. Limited Warranty and Disclaimer, Limitation of Remedies and Damages. YOU ACKNOWLEDGE THAT THE SOFTWARE MAY NOT SATISFY ALL YOUR REQUIREMENTS OR BE FREE FROM DEFECTS. EXTENSIS WARRANTS THE DISKETTES ON WHICH THE SOFTWARE IS RECORDED TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR 90 DAYS FROM PURCHASE, BUT THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE LICENSED “AS IS”. ALL IMPLIED WARRANTIES AND CONDITIONS (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED AS TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS AND LIMITED TO 90 DAYS AS TO THE DISKETTES. YOUR EXCLUSIVE REMEDY FOR BREACH OF WARRANTY WILL BE THE REPLACEMENT OF THE DISKETTES OR REFUND OF THE PURCHASE PRICE. IN NO EVENT WILL EXTENSIS OR ITS DEVELOPERS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF EXTENSIS OR AN AUTHORIZED EXTENSIS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Extensis liability to you for actual damages for any cause whatsoever, and regardless of the form of the action, will be limited to the greater of $500 or the money paid for the Software that caused the damages.
THE ABOVE LIMITATIONS WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. General. This License will be construed under the laws of the State of Oregon, except for that body of law dealing with conflicts of law. 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. If you are a U.S. Government end-user, this License of the Software conveys only “RESTRICTED RIGHTS”, and its use, disclosure and duplication are subject to Federal Acquisition Regulations, 52.227-7013 (c) (1) (ii).
