SOFTWARE LICENSE AGREEMENT OF SOFTWARE INNOVATIONS INC.
SOFTWARE INNOVATIONS INC. ("LICENSOR") IS WILLING TO LICENSE THE ENCLOSED SOFTWARE TO YOU ONLY IF YOU ACCEPT ALL OF THE TERMS IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, LICENSOR WILL NOT LICENSE THIS SOFTWARE TO YOU, AND IN THAT CASE YOU SHOULD RETURN THIS PRODUCT PROMPTLY, INCLUDING THE PACKAGING, CABLING, AND ALL WRITTEN MATERIALS, TO THE PLACE OF PURCHASE PROMPTLY.
Ownership of the Software
1.
The enclosed Licensor software program ("Software") and the accompanying written
materials are owned by Licensor and are protected by United States copyright
laws, by laws of other nations, and by international treaties.
Grant Of License
2.
Licensor grants to you the right to use one copy of the Software on a single
computer. You may load one copy into permanent memory of one computer and may
use that copy, or the enclosed diskettes, only on that same computer. [You may
not install the software on a network.] [You may install the Software on a
single network server.] [You may install the Software on a single network
server, provided that you have a License for Network Station from Licensor for
each station of the network at which the Software is used.]
3. This license is valid only for use within the United States of America and its territories.
Restrictions on Use and
Transfer
4. You may not copy the Software, except that (1) you
may make one copy of the Software solely for backup or archival purposes, and
(2) you may transfer the Software to a single hard disk provided you keep the
original solely for backup or archival purposes. You may not copy the written
materials.
5. You may permanently transfer the Software and
accompanying written materials (including the most recent update and all prior
versions) if you retain no copies and the transferee agrees to be bound by the
terms of this Agreement. Such a transfer terminates your license. You may not
rent or lease the Software or otherwise transfer or assign the right to use the
Software, except as stated in this paragraph.
6. You may not reverse engineer, decompile, or disassemble the Software.
Limited Warranty
7.
Licensor warrants that the Software and cabling will perform substantially in
accordance with the accompanying written materials for a period of 30 days from
the date of your receipt of the Software. Any implied warranties on the Software
are limited to 30 days. Some states do not allow limitations on duration of an
implied warranty, so the above limitation may not apply to you.
8. LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.
9. LICENSOR'S ENTIRE LIABILITY AND YOUR
EXCLUSIVE REMEDY SHALL BE, AT LICENSOR'S CHOICE, EITHER (A) RETURN OF THE PRICE
PAID OR (B) REPLACEMENT OF THE SOFTWARE THAT DOES NOT MEET LICENSOR'S LIMITED
WARRANTY AND WHICH IS RETURNED TO LICENSOR WITH A COPY OF YOUR RECEIPT. Any
replacement Software will be warranted for the remainder of the original
warranty period or 30 days, whichever is longer. These remedies are not
available outside the United States of America.
10. This Limited Warranty is void if failure of the Software or cabling has resulted from modification, accident, abuse, or misapplication.
11. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU
FOR DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE.
Because some states do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not apply to
you.
12. This Agreement is governed by the laws of the State of New York.
13. If you have any questions concerning this Agreement
or wish to contact Licensor for any reason, please write: Software Innovations
Inc. 72 Prospect Hill Rd. Wallkill N.Y. 12589 or call (845) 566 -
1919.
14. U.S. Government Restricted Rights. The Software
and documentation are provided with Restricted Rights. Use, duplication, or
disclosure by the Government is subject to restrictions set forth in
subparagraph (c)(1) of The Rights in Technical Data and Computer Software clause
at DFARS 252.227-7013 or subparagraphs (c)(1)(ii) and (2) of Commercial Computer
Software
- Restricted Rights at 48 CFR 52.227-19, as applicable. Supplier is Software Innovations, Inc. 72 Prospect Hill Rd. Wallkill N.Y. 12589.