Please read this document carefully before using this package.
By using it, you agree to become bound by the terms of this License. If you do not agree to the terms of this License, do not use the Software and promptly return the package within 10 days to the place where you obtained it for a refund.
The enclosed computer program(s) (“Software”) is licensed, not sold to you by OLDUVAI Corporation (“OLDUVAI ”) for use only under the terms of this License, and OLDUVAI reserves any rights not expressly granted to you. You own the disk on which any Software is recorded or fixed, but OLDUVAI retains ownership of all copies of the Software itself.
1. License. This License allows you to:
(a) Use the Software only on a single microcomputer at a time, except the Software may be executed from a common disk shared by multiple CPUs provided that one authorized copy of the Software has been licensed from OLDUVAI for each CPU executing the Software. OLDUVAI does not, however, guarantee that the Software will function properly in your multiple-CPU, multi-user environment. The Software may not be used with any gateways, bridges, modems, and/or network extenders that allows the software to be used on multiple CPUs unless one authorized copy of the Software has been licensed from OLDUVAI for each CPU executing the Software.
(b) Make one copy of the Software in machine readable form solely for backup purposes. The Software is protected by United States copyright law. You must reproduce on each copy the OLDUVAI copyright notice and any other proprietary legends that were on the original copy supplied by OLDUVAI .
(c) Transfer the Software and all rights under this License to another party together with a copy of this License and all copies of the Software and written materials accompanying the Software, provided you give OLDUVAI written notice of the transfer and the other party reads and agrees the terms and conditions of this License.
2. Restrictions. You may not distribute copies of the Software to others or electronically transfer the Software from one computer to another over a network and/or zone. The Software contains trade secrets and to protect them you may not decompile, reverse engineer, disassemble, crossassemble or otherwise change and/or reduce the Software to any other form. You may not modify, adapt, translate, rent, lease, loan, resell for profit, distribute, network, 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 OLDUVAI. if you fail to comply with any provision of this License. Upon termination you must destroy the Software and all copies thereof. You may terminate this License at any time by destroying the Software 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 reexported, directly, 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, Disclaimers, Limitation of Remedies and Damages.
ALL IMPLIED WARRANTIES ON THE MEDIA AND MANUAL, INCLUDING IMPLIED WARRANTIES ON MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF THE ORIGINAL RETAIL PURCHASE OF THIS PRODUCT. AFTER THAT PERIOD YOU MAY OBTAIN A REPLACEMENT DISK BY RETURNING THE ORIGINAL DISK(S) AND A CHECK OR MONEY ORDER FOR $10.00 TO:
OLDUVAI Corporation, 9200 S. Dadeland Blvd, Suite 725, Miami FL 33156
OLDUVAI MAKES NO WARRANTIES OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THIS SOFTWARE OR DOCUMENTATION, ITS QUALITY, MERCHANTABILITY, PERFORMANCE OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THIS SOFTWARE IS SOLD “AS IS,” AND YOU THE OWNER, ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE. THE FULL TEXT OF THE WARRANTY IS PROVIDED WITHIN. IN NO EVENT WILL OLDUVAI , OR ITS DEVELOPERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) RESULTING FROM ANY DEFECT IN THIS SOFTWARE OR ITS DOCUMENTATION OR ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING DOCUMENTATION EVEN IF OLDUVAI , AN AUTHORIZED OLDUVAI REPRESENTATIVE, OR AN OLDUVAI AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE LIMITED WARRANTY PROVIDED IN THIS SECTION ARE THE ONLY WARRANTIES OF ANY KIND THAT ARE MADE BY OLDUVAI ON THIS PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OLDUVAI , ITS DEALERS, DISTRIBUTORS, AGENTS, AFFILIATES, DEVELOPERS, DIRECTORS, OFFICERS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITIES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR 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.
OLDUVAI ’s liability to you for actual damages for any cause whatsoever, and regardless of the form of the action, will be limited to greater of $149 or the money paid for the Software that caused the damages.
6. Governmental provision. 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 (b) (3) (ii). (See the U.S. Government End-User provisions below.) This License will be construed under the laws of the state of Florida, 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.
6A. U.S. Government End-User Provisions. If this Software is acquired by or on behalf of a unit or agency of the United States Government this provision applies. This Software:
(a) was developed at private expense, and no part of it was developed with government funds, (b) is a trade secret of OLDUVAI for all purposes of the Freedom of Information Act, (c) is “commercial computer software” subject to limited utilization as provided in the contract between the vendor and the government entity, and (d) in all respects is proprietary data belonging solely to OLDUVAI . For units of the Department of Defense (DOD), this software is sold only with “Restricted Rights” as that term is defined in the DOD Supplement to the Federal Acquisition Regulations, 52.227-7013 (b) (3) (ii) and: Use, duplication, or disclosure is subject to restrictions as set forth in subdivision (b) (3) (ii) of the Rights in Technical Data and Computer Software clause at 52.227-7013. Manufacturer: OLDUVAI Corporation, 9200 S. Dadeland Blvd, Suite 725, Miami FL 33156
6B. GSA Schedule Provisions. If this software was acquired under a GSA Schedule the U.S. Government has agreed to refrain from changing or removing any insignia or lettering from the Software or the accompanying written materials that are provided or from producing copies of manuals or disks (except one copy for backup purposes) and:
(1) Title to and ownership of this Software and documentation and any reproductions thereof shall remain with OLDUVAI ;
(2) Use of this Software and documentation shall be limited to the facility for which it is acquired; and
(3) If use of the Software is discontinued to the installation specified in the purchase/delivery order and the U.S. Government desires to use it at another location, it may do so by giving prior written notice to OLDUVAI , specifying the type of computer and new location site. U.S. Government personnel using this Software, other than under a DOD contract or GSA Schedule, are hereby on notice that use of this Software is subject to restrictions which are the same as or similar to those specified above.
7. Copyright Notice. THIS MANUAL AND THE SOFTWARE DESCRIBED IN IT ARE COPYRIGHTED WITH ALL RIGHTS RESERVED. UNDER UNITED STATES COPYRIGHT LAWS, THE SOFTWARE AND ITS ACCOMPANYING DOCUMENTATION MAY NOT BE COPIED, IN WHOLE OR IN PART EXCEPT IN THE NORMAL USE OF THE SOFTWARE OR TO MAKE A BACKUP COPY FOR ARCHIVAL PURPOSE ONLY. THIS EXCEPTION DOES NOT ALLOW ANY COPIES TO BE MADE FOR OTHERS, WHETHER TO BE SOLD OR NOT.
