PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING, OR USING the File Locker program. BY DOWNLOADING, INSTALLING, AND/OR USING THIS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU ARE NOT AUTHORIZED TO INSTALL, OR USE THIS SOFTWARE.
1. LICENSE
The File Locker application, data bases, demonstration, system, and any other software accompanying this license, whether on disk, in read only memory, or in any other media or network storage device (the "File Locker software") the related documentation and data (the "Documentation") are licensed to you by Microsort CA. ("Microsort CA"). Subject to this and other licenses, Microsort CA retains all right, title and interest in and to File Locker program and Documentation. This license allows you to install and use File Locker program and Documentation on a single computer and to make one copy of File Locker program and Documentation in machine readable form for back up purposes only provided that when File Locker program and Documentation are restored, installation and usage adhere to this agreement.
2. RESTRICTIONS
File Locker program and Documentation, logos, product names and other support materials, if any, are either patented, copyrighted, trademarked, or otherwise proprietary to Microsort CA. No notices, logos, product names, trademarks or other means of product identification may be removed. You may not electronically transfer File Locker program and Documentation, except to initially obtain File Locker program and Documentation from Microsort CA in accordance with normal Microsort CA procedures. You may not attempt to decipher, decode, bypass, or disable the password protection facility. You may not assign or grant sub-licenses, leases, or other rights or obligations regarding File Locker program or Documentation to others, nor may your copy or other copies of File Locker program or Documentation be distributed to others.
You may not make any copies of File Locker program binary object code or the documentation unless provided with prior written authorization from Microsort CA. You may not modify, network, rent, lease, loan, distribute or create derivative works based upon File Locker program or Documentation, in whole or in part.
3. TERMINATION
This license is effective until terminated by Microsort CA, with or without cause, at any time. You may terminate this license at any time by destroying File Locker program and Documentation and all copies thereof. This license will terminate immediately without notice from Microsort CA if you fail to comply with any provision of this license. Upon termination you must destroy File Locker program, Documentation and all copies thereof, and to supply Microsort CA with reasonable evidence that same have been destroyed, the reasonableness of which evidence is in the sole discretion of Microsort CA. In the alternative and at the sole discretion of Microsort CA, upon termination, File Locker program and Documentation may be returned to Microsort CA. You agree that termination does not necessarily constitute grounds for refund of any money or other consideration paid by you.
4. LIMITED WARRANTY
File Locker program and Documentation are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to marketability and/or fitness for a particular purpose. The entire risk as to the quality and performance of File Locker program and Documentation is with you. Should File Locker program and Documentation prove defective, you (and neither Microsort CA nor any authorized representative of Microsort CA) assume the entire cost of all necessary servicing, repair or correction. Microsort CA does not warrant that the function contained in File Locker program will meet your requirements or that the operation of File Locker program will be uninterrupted or error free. You specifically acknowledge and agree that:
1. File Locker program is not in final form and may contain errors, design flaws, or other problems;
2. File Locker program is not expected to function fully or adequately upon installation and it is expected and anticipated that further testing, modification and development will be necessary to make File Locker program functional;
3. It may not be possible to make File Locker program functional;
4. Use of the software may result in unexpected losses, loss of data, project delays or other unpredictable damage or loss;
5. Microsort CA is under no obligation to release and/or offer for sale any further version of File Locker program or any product incorporating or derived from File Locker program, and Microsort CA has the right to unilaterally abandon development of File Locker software at any time and without any obligation or liability to you.
5. LIMITATION OF REMEDIES
Microsort CA entire liability and your exclusive remedy shall be limited to the purchase price of this material. In no event will Microsort CA or its suppliers and/or authorized representatives 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 File Locker software or Documentation even if Microsort CA, its suppliers or an authorized representative of Microsort CA has been advised of the possibility of such damage for any claim by any other party. In addition, neither Microsort CA, its suppliers or authorized representative shall be liable for any claim by you or any other party for damages arising out of the use of File Locker software and Documentation and based upon strict liability or negligence.
6. UPDATE POLICY
Microsort CA may, at its sole discretion, advise you of, and license your use of product updates and new releases of File Locker program and Documentation at the current prices for same. All product updates and new releases, which are provided to you, shall be governed by the same terms of this license agreement.
7. ACKNOWLEDGEMENT
By downloading, installing and/or using the software, you acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions.
