THANK YOU FOR LICENSING THIS ADESSOSOFT, INC. SOFTWARE PRODUCT. BY USING THIS PRODUCT YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST REMOVE THIS SOFTWARE PRODUCT WITHOUT USING IT.
This technology and intellectual property embodied in the software product and the related documentation (the "Software") are licensed, not sold, to you by AdessoSoft, Inc. ("AdessoSoft"). You have a nonexclusive, nontransferable license to use this copy of the Software solely for your internal business purposes according to the following terms:
LICENSE. For the Software you may:
(1) install the Software on one or more computers;
(2) install the Software on a network;
(3) make copies of the Software provided that you reproduce all proprietary notices on the copy;
(4) physically transfer the Software from one computer or network to another; and
(5) create derivative works based on the Software.
You may not do any of the following with the Software:
(1) translate, reverse engineer, decompile, disassemble, modify, or copy (except for the backup copy) the Software;
(2) give, rent, transfer, sublicense, distribute, lease, grant or cause any related transfer of the Software to anyone without the prior written consent of AdessoSoft; or
(3) remove, delete, or in any manner alter any copyright, trademark, and proprietary notices, labels, or marks on the Software.
You understand that the Software belongs to AdessoSoft, and that AdessoSoft has the right to enforce this license. No transfer of the Software or this license is permitted and will be void. You agree to keep confidential and use your best efforts to prevent and protect the contents of the Software from unauthorized disclosure or use. AdessoSoft reserves all rights not expressly granted to you.
OWNERSHIP. This license is not a sale. Title and copyrights to the Software and related documentation, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of the Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of AdessoSoft. Unauthorized copying of the Software or the accompanying documentation, or failure to comply with the above restrictions, will result in automatic termination of this license and will make available to AdessoSoft other legal remedies.
Term and Termination. This license is effective until terminated. You may terminate this license at any time by returning the Software to AdessoSoft. This license automatically terminates if you fail to comply with its terms and conditions. You agree that upon such termination you will destroy, permanently erase, or return the Software and all copies of the Software to AdessoSoft, together with any other material you have received from AdessoSoft in connection with the Software, and have a duly authorized representative of your organization certify in writing that you have done so.
NO WARRANTY. YOU UNDERSTAND AND AGREE THAT THE SOFTWARE IS DELIVERED TO YOU "AS IS", AND THAT ADESSOSOFT PROVIDES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE, INCLUDING ITS CONTENT AND FUNCTIONALITY, NOR AGAINST ANY VIRUSES OR BUGS CONTAINED IN THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARISING OR IMPLIED FROM USAGE OF TRADE OR COURSE OF DEALINGS AND NONINFRINGEMENT. IN NO EVENT WILL ADESSOSOFT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE OR KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF PROFITS OR OTHER ECONOMIC LOSS IN CONNECTION WITH, OR ARISING OUT OF, THE DELIVERY OR USE OF THE SOFTWARE, EVEN IF ADESSOSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADESSOSOFT DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
LIMITATION OF LIABILITY. IN NO EVENT WILL ADESSOSOFT BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM THE USE OF THE SOFTWARE OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF ADESSOSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THE ALLOCATION OF RISK. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
GOVERNMENT RESTRICTIED RIGHTS LEGEND. This Software is provided with Restricted Rights. Use, duplication or disclosure by the United States Government is subject to restrictions of Restricted Rights for computer software developed at private expense as set forth in FAR Sec. 52.227-19 or DOD FAR Supplement Sec. 252.227-7013(c)(1)(ii), and successor thereof, as applicable. Manufacturer is AdessoSoft, Inc., 800 W. El Camino Real Suite 180., Mountain View, CA 94040-2567., USA.
GENERAL. This Agreement will be governed by the law of the State of California, without reference to conflict of laws principles. This Agreement is the entire agreement between us and supersedes any other communications or advertising with respect to the Software and accompanying documentation. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. If you have any questions, please contact in writing: AdessoSoft, Inc., 800 W. El Camino Real Suite 180., Mountain View, CA 94040-2567., USA.
BY USING THIS SOFTWARE YOU AGREE THAT YOU HAVE READ THIS LICENSE, THAT YOU ARE BOUND BY ITS TERMS AND THAT IT IS THE COMPLETE AND FINAL AGREEEMENT AND THAT IT SUPERCEDES ALL OTHER AGREEMENTS BETWEEN US REGARDING THE SOFTWARE.
