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- PROGRAM LICENSE AGREEMENT
-
- IMPORTANT NOTICE: Please read the terms of the
- following License Agreement carefully. Your use of the
- product signifies your acceptance of the terms of the
- Agreement. If you do not agree with the terms of this
- Agreement, you should promptly return the package;
- your money will be refunded. Retain this License
- Agreement for future reference.
-
- Article 1: License Grant
-
- The software is the intellectual property of IMSI and its
- licensors, and is protected by law, including United States
- copyright laws and international treaties.
-
- International Microcomputer Software, Inc. (IMSI) grants to
- you a license:
-
- 1. To use the program on a single machine.
-
- 2. To make a single archival back-up copy of the program in
- support of your use of the single program on a single
- machine.
-
- 3. To modify the program and/or merge it into another
- program for use on a single machine.
-
- 4. To transfer the program to another party if that party agrees
- to accept the terms and conditions of this Agreement, and
- you do not retain any copies of the program, whether in
- printed, machine readable, modified, or merged form. Except
- as expressly provided for in this license, you may not copy,
- modify, or transfer this program.
-
- 5. If the software in this package is licensed as a Site License, it
- is licensed for use on several machines. Additional master
- copies of the software may be made by the licensee, equal to
- the number of licenses purchased.
-
- No reverse engineering. Except as stated above, MAY NOT
- MODIFY, TRANSLATE, DISASSEMBLE, OR
- DECOMPLIE THE SOFTWARE, OR ANY COPY, IN
- WHOLE OR PART.
-
- Article 2: Term
-
- The license is effective until terminated. You may terminate the
- license at any time by destroying the program together with all
- copies, modifications, and merged portions in any form. The
- license will also terminate upon conditions set forth elsewhere in
- this Agreement, and IMSI may terminate your license if you fail
- to comply with this Agreement. You agree, upon such
- termination for any reason, to destroy the program together
- with all copies, modifications, and merged portions in any form.
-
- Article 3: Disclaimer of Warranties and Limitations of
- Remedies
-
- 1. IMSI software is licensed to you As Is. You, the consumer,
- bear the entire risk relating to the quality and performance of
- the software. In no event will IMSI be liable for direct,
- indirect, incidental, or consequential damages resulting from
- any defect in the software, even if IMSI had reason to know
- of the possibility of such damage. If the software proves to
- have defects, you, and not IMSI, assume the cost of any
- necessary service or repair. In the event any liability is
- imposed on IMSI, IMSIÆs liability to you or any third party
- shall not exceed the purchase price paid for this product.
-
- 2. Thirty-day limited warranty on disks. IMSI warrants the
- enclosed disks to be free of defects in material and
- workmanship under normal use for 30 days after purchase.
- During the 30-day period, you may return a defective disk to
- IMSI with proof of purchase, and it will be replaced without
- charge, unless the disk is damaged by accident or misuse.
- Replacement of a disk is your sole remedy in the event of a
- defect. This warranty gives you specific legal rights, and you
- may also have other rights which vary from state to state.
-
- 3. THE LIMITED WARRANTY STATED ABOVE IS THE
- ONLY WARRANTY OR REPRESENTATION OF ANY
- KIND WITH RESPECT TO THE SOFTWARE MADE BY
- IMSI OR ANT THIRD PARTY INVOLVED IN THE
- CREATION, PRODUCTION, DELIVERY, OR LICENSING
- OF THE SOFTWARE. IMSI AND ANY SUCH THIRD
- PARTY DISCLAIM ALL WARRANTIES, EXPRESS OR
- IMPLIED, WITH RESPECT TO THE SOFTWARE, ITS
- QUALITY, RELIABILITY OR PERFORMANCE; OR ITS
- MERCHANTABILITY, NON-INFRINGEMENT OF THIRD
- PARTY RIGHTS, OR FITNESS FOR A PARTICULAR
- PURPOSE.
-
- 4. Some states do not allow the exclusion or limitation of
- implied warranties of liability for incidental or consequential
- damages, so the above limitations or exclusions may not
- apply to you.
-
- Article 4: General
-
- You may not sub-license, assign, or transfer the license or the
- program except as expressly provided in this Agreement. Any
- attempt otherwise to sub-license, assign, or transfer any of the
- rights, duties, or obligations hereunder is void.
-
- This Agreement will be governed by the laws of the State of
- California, and you agree that any claims regarding the software
- shall be brought in California, and waive any objections to
- jurisdiction in the US District Court for the Northern District of
- California or the California Superior Court for Marin County.
- You acknowledge that US laws prohibit the export/re-export of
- technical data of US origin, including software, and agree that
- you will not export or re-export the software without the
- appropriate US and foreign government license.
-
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