Please read this license agreement carefully before installing or using the software. By using the software, you are agreeing to be bound by the terms of this license. If you do not agree to the terms of this license, do not install or use the software, and delete the software and all related files from your computer.
1. License and Proprietary Rights. (a) The software, artwork, music, and other components included in this computer program (the “Software”) are the copyrighted property of Inklination, Inc. and its licensors (collectively referred to as “Inklination”). The Software is licensed (not sold) to you, and Inklination owns all copyright, trade secret, patent and other proprietary rights in the Software. Until you have purchased a license for single, multiple, or site license use of the Software, this Software may be used as a demo in the form provided only, and subject to the terms in sections 2 through 6 below. Once you have purchased a license to unlock the Software for full single, multiple, or site use, the license is subject to the following terms (as may be applicable to the type of license purchased) in addition to the terms of sections 2 through 6.
(b) Single User License: If you purchased a single user license to the Software, you may use the Software on a single computer. You may not: (i) copy the Software other than once for back-up purposes; or (ii) transmit the Software over a network, by telephone, or electronically using any means.
(c) Multiple User License: If you purchased a multiple user license to the Software, you may: (i) Use or, if a single copy of the Software or Software registration key is provided, make copies of the Software up to the number of copies for which you have paid, provided all copyright and proprietary notices on the original Software are included on duplicate copies; (ii) Make one backup copy of the Software for archival purposes only, provided all copyright and proprietary notices on the Software are included on such copy; and (iii) Make copies of all documentation provided with the Software up to the number of copies for which you have paid, provided all copyright and proprietary notices on the documentation are included on duplicate copies. You may not transmit the Software over a network, by telephone, or electronically using any means.
(d) Site License: If you purchased a site license to the Software, you may: (i) Use or make copies of the Software solely for use on computers at the Site (as defined herein), provided all copyright and proprietary notices on the original Software are included on duplicate copies and provided such copies are used only at the Site; (ii) Make one backup copy of the Software for archival purposes only, provided all copyright and proprietary notices on the Software are included on such copy; (iii) Make copies of all documentation provided with the Software, provided all copyright and proprietary notices on the documentation are included on duplicate copies and provided such copies are used only at the Site; (iv) Use the Software over a network at the Site, solely for computers located at the Site; (v) For purposes of this section, “Site” is defined as a single building.
2. All Licenses are subject to the following additional terms: You may not: (i) distribute to any third party, rent, lease or sublicense all or any portion of the Software; (ii) modify or prepare derivative works of the Software; or (ii) reverse engineer, decompile or disassemble the Software. You may transfer the Software, but only if the recipient agrees to accept the terms and conditions of this Agreement. If you transfer the Software, you must transfer all components and documentation and erase any copies residing on computer equipment. Your license is automatically terminated if you transfer the Software.
3. Disclaimer of Warranties. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and any related documentation or materials are provided “AS IS” and without warranty of any kind. INKLINATION EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. INKLINATION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
4. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE SHALL INKLINATION, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE POSSESSION, USE, OR MALFUNCTION OF THIS PRODUCT, INCLUDING WITHOUT LIMITATION, DAMAGE TO PROPERTY AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURY, EVEN IF INKLINATION OR AN INKLINATION 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. YOU AGREE THAT THE LIABILITY OF INKLINATION ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE USE OF THIS PRODUCT.
5. Government End Users. If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees:
(a) If the Software is supplied to the Department of Defense (“DoD”), the Software is classified as “Commercial Computer Software” and the Government is acquiring only “restricted rights” in the Software and its documentation as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and
(b) 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 and documentation will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR.
6. General. This license agreement is effective until terminated, cannot be assigned or transferred and is governed by the laws of the state of Washington and of the United States of America applicable therein (without reference to choice of laws). If for any reason a court of competent jurisdiction finds any provision of this license agreement or portion thereof, to be unenforceable, that provision of this license agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this license agreement shall continue in full force and effect. This license agreement and your right to use the Software shall immediately terminate if you fail to comply with any of the terms of this license agreement. Upon termination you must immediately destroy all originals and copies of the Software, or return them to Inklination. This license agreement sets forth the entire agreement and understanding of the parties relating to this subject matter. No amendment or modification of this license agreement shall be effective unless in writing signed by both parties.
