PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE. BY CLICKING THE “CONTINUE” BUTTON OR BY USING THIS SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, CLICK THE “CANCEL” BUTTON, DO NOT USE THIS SOFTWARE.
IF YOU LICENSED THIS SOFTWARE UNDER A CLARISPLUS AGREEMENT, THEN THE TERMS OF SUCH AGREEMENT WILL SUPERSEDE THESE TERMS, AND THESE TERMS DO NOT CONSTITUTE THE GRANTING OF AN ADDITIONAL LICENSE TO THE SOFTWARE.
The enclosed computer program(s) (“Software”) is licensed, not sold, to you by Claris Corporation (“Claris”) for use only under the terms of this License, and Claris reserves any rights not expressly granted to you. You own the media on which the Software is recorded or fixed, but Claris and its licensors retain ownership of the Software itself.
1. License. This License allows you to:
(a) Use one copy of the Software on a single computer at a time. If both a Macintosh and a Windows version of the Software are included, then you are only licensed to use the Software for one platform (i.e., the Macintosh or Windows version), but not both platforms, except as provided in Section 1(b). 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, etc.).
(b) Make one copy of the Software in machine readable form solely for backup purposes. Additionally, only so long as the Software is installed only on the permanent memory of a single desktop computer which is not accessible by multiple computers and that single desktop computer is used by one user for at least 80% of the time the computer is in use, that same user may also make a copy of the Software to use on a portable or home computer which is primarily used by such user. As an express condition of this License, you must reproduce on each copy any copyright notice or other proprietary notice that is on the original copy supplied by Claris.
(c) 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 the accompanying written materials, provided that the other party reads and agrees to accept the terms and conditions of this License.
(d) Notwithstanding any other terms in this License, if the Software is licensed as an upgrade or update, then you may only use the Software to replace previously validly licensed versions of the same software. You agree that the upgrade or update does not constitute the granting of a second license to the Software (i.e., you may not use the upgrade or update in addition to the software it is replacing, nor may you transfer the software which is being replaced to a third party).
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 OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
3. Dual Media. Even if this Claris product includes the Software on more than one medium (e.g., on both a CD and on magnetic disks; or on both 3.5 inch disks and 5.25 inch disks), you are only licensed to use one copy of the Software as described in Section 1(a). You may not use the Software stored on the other medium on another computer or common storage device, nor may you rent, lease, loan or transfer it to another user except as part of a transfer pursuant to Section 1(c).
4. Termination. This License is effective until terminated. This License will terminate immediately without notice from Claris 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, and Sections 6, 7 and 8 will survive any termination.
5. Export Law Assurances. You may not use or otherwise export or reexport the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or reexported to (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nations or the U.S. Department of Commerce’s Table of Denial Orders. By using the Software you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
6. Limited Warranty. Claris warrants for a period of ninety (90) days from your date of purchase that (i) the media provided by Claris, if any, on which the Software is recorded will be free from defects in materials and workmanship under normal use, and (ii) the Software as provided by Claris will substantially conform to Claris’ published specifications for the Software. Claris’ entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at Claris’ option, replacement of the media, refund of the purchase price or repair or replacement of the Software.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY CLARIS AND CLARIS AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. Limitation of Remedies and Damages. In no event will Claris, its parent or subsidiaries or any of the licensors, directors, officers, employees or affiliates of any of the foregoing be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, 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 Claris or a Claris representative has been advised of the possibility of such damage. Claris’ liability to you for direct 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.
THIS LIMITATION 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 LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. General. This License will be construed under the laws of the State of California, 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 the Software is supplied to the United States Government, the Software is classified as “restricted computer software” as defined in clause 52.227-19 of the FAR. The United States Government’s rights to the Software are as provided in clause 52.227-19 of the FAR.
