YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING THIS SOFTWARE. IF YOU DO NOT AGREE WITH THESE TERMS, PROMPTLY RETURN THE COMPLETE PACKAGE, AND YOUR MONEY WILL BE REFUNDED.
You assume responsibility for the selection of the program to achieve your intended results, and for the installation, use and results obtained from the program.
LICENSE
This is a legal agreement between you (either an individual or an entity), the end user, and ScenicSoft, Inc.
1. GRANT OF LICENSE. This ScenicSoft License Agreement ("License") permits you to use one copy of the enclosed program ("SOFTWARE") on any single computer, through the use of the hardware key provided. If you have multiple Licenses for the SOFTWARE, then at any time you may have as many copies of the SOFTWARE in use as you have Licenses and hardware keys. The SOFTWARE is considered to be in use if it is installed in the computer on which the hardware key is attached.
2. COPYRIGHT. The SOFTWARE is owned by ScenicSoft and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book, or musical recording) except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes.
3. OTHER RESTRICTIONS. This License Agreement is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent or lease the SOFTWARE, but you may transfer your rights under this License Agreement on a permanent basis provided you transfer this License Agreement, the SOFTWARE, and all accompanying written materials and retain no copies, and the recipient agrees to the terms of the Agreement. You may not reverse engineer, decompile, or disassemble the SOFTWARE. Any transfer of the software must include the most recent update and all prior versions.
TERMS
The license is effective until terminated. You may terminate it at any other time by destroying the program together with all copies and modifications in any form. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any terms or conditions of this Agreement. You agree upon such termination to destroy the program together with all copies, modifications and merged portions in any form.
LIMITED WARRANTY
THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, SCENICSOFT DOES NOT WARRANT THAT THE FUNCTION CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISKS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
However, ScenicSoft warrants the hardware key and the CD-ROM on which the program is furnished to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to you.
LIMITATIONS OF REMEDIES
ScenicSoft's entire liability and your exclusive remedy shall be:
1. the replacement of any CD-ROM or hardware key not meeting ScenicSoft's "Limited Warranty" and which is returned to ScenicSoft or to the authorized ScenicSoft reseller from whom it was purchased, or
2. if ScenicSoft or the reseller is unable to deliver a replacement CD-ROM or hardware key which is free of defects in materials or workmanship, you may terminate this Agreement by returning the complete package and your money will be refunded.
IN NO EVENT WILL SCENICSOFT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH PROGRAM EVEN IF SCENICSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES 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.
GENERAL
You may not sublicense, assign or transfer the license or the program except as expressly provided in this Agreement. Any attempt otherwise to sublicense, assign or transfer any rights, duties or obligations hereunder, except as expressly provided in this Agreement, will result in immediate and automatic termination of your license.
This agreement will be governed by the laws of the State of Washington.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
