Important - read carefully. This License Agreement is a legal
agreement between you (either as a registered individual licensee or as
the representative on behalf of a single entity) and Conitec Datasystems Corporation (“Manufacturer”) for all its
software products, which may include associated media, printed materials, and
electronic documentation ("Software"). By installing, copying,
or otherwise using the Software, you agree to be bound by the terms of this
agreement. If you do not agree to the terms of this agreement, then do not
install or use the Software.
The Software is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties.
Team Edition. If the Software is
labeled or otherwise identified as "Team Edition", you may install
the licensed number of copies of the Software for use by team members. All team
members have the right to use the software either for the same project, or for educational
purposes. The Software must not be used for separate projects or outside the
organization of the team. Team members do not own the Software. The Team
Edition does not include the right to redistribute parts of the Software.
For public distribution, either directly or through 3rd party
distributors or retail stores, the following requirement must be met by the
licensee: The executable application must not propagate genocide against a
certain group, race, nation or religion existing in today's real world.
Limitations on Reverse Engineering. You may not reverse
engineer, decompile, or disassemble the Software, except and only to the extent
that such activity is expressly permitted by applicable law notwithstanding
this limitation of components. The Software is licensed as a single. Its
component parts may not be separated.
Rental. You may not rent, lease, or lend
the Software to any party.
Passwords. You may not give any
user ID, password, and serial number received with the Software to any party.
Reselling the Software. You may permanently
transfer all of your rights under this Agreement, provided you (a) have
purchased the software directly from the Manufacturer, (b) notify the
Manufacturer about the transfer and the recipient, (c) transfer all of the
Software (including all component parts, the user ID, password, the media and
printed materials), (d) retain no copies, and (e) the recipient agrees to abide
by all of the terms of this Agreement. Upgrades can not be transferred
separately; if the Software is upgraded, any transfer must include the original
version of the Software and all of your rights therein. Team Editions and
second hand purchased software can not be transferred.
Support Services. The Manufacturer may provide you
with support services related to the Software ("Support Services").
The provision and use of Support Services is governed by the Manufacturer policies
and programs described in the manual. Any supplemental software code provided
to you as part of the Support Services shall considered part of the Software
and subject to the terms and conditions of this Agreement. With respect to technical
information you provide to the Manufacturer as part of the Support Services, the
Manufacturer may use such information for its business purpose, including for
updates and development. The Manufacturer will use its best efforts to not
utilize such technical information in a form that personally identifies you.
Termination. Without prejudice to any
of the Manufacturer's other rights, the Manufacturer may terminate this Agreement if you fail to comply with the terms and
conditions of this Agreement. In such event, you must destroy all copies of the
Software and all of its component parts. To this end you grant to the
Manufacturer the right to, with or without notice, monitor your Internet
accessible activities for the purpose of verifying the Software performance
and/or your compliance with the terms hereof, including, but not limited to the
remote monitoring and verification of your implementation, use and duplication
of the Software. The Manufacturer reserves the right to disable your copies of
the Software and void your license, your passwords and update rights if you
violate the terms and conditions of this Agreement
Upgrades. If the Software is labeled or
otherwise identified by the Manufacturer as an "upgrade", you must be
properly licensed to use a product identified by the Manufacturer as being
eligible for the upgrade in order to use the Software. A
Software labeled or otherwise identified by the Manufacturer as an
upgrade replaces and/or supplements the product that formed the basis for your
eligibility for such upgrade. You may use the resulting upgraded only in
accordance with the terms of this Agreement. If the Software is an
upgrade of a component of a package of software programs that you licensed as a
single, the Software may be used and transferred only as part of that single
package and may not be separated for use on more than one computer.
Copyright and trademarks. All title, trademarks
and copyrights in and pertaining to the Software (including, but not limited to
any images, photographs, animation, video, audio, Music, text, and applets
incorporated into the Software), the accompanying, printed materials and any
copies of the Software are owned by the Manufacturer or its affiliated
companies. The Software is protected by copyright and trademark laws and
international treaty provisions. You must treat the Software like any other
copyrighted material for archival purposes, and you may not copy the printed
materials accompanying the Software.
Unless the software explicitly offers this option, you may not remove,
modify or alter any Manufacturer copyright or trademark notice from any part of
the Software, including but not limited to any such notices contained in the
start-up messages of the Software or runtime modules.
Dual-media Software. You may receive the
Software in more than one medium. Regardless of the type or size of the medium
you receive, you may use only that one medium that is appropriate for your
single computer. You may not use or install the other medium on another
computer. You may not loan, rent, lease, or otherwise transfer the other medium
to another user, except as part of the permanent transfer (as provided above)
of the Software.
Limited warranty. The Manufacturer
warrants that (a) the Software will, for a period of ninety (90) days from the
date of your receipt, perform substantially in accordance with the Manufacturer's
written materials accompanying it, and (b) any Support Services provided by the
Manufacturer shall be substantially as described in applicable written
materials provided to you by the Manufacturer, and (c) the Manufacturer's support
engineers will make commercially reasonable efforts to solve any problem issues
with the Software. To the extent that implied warranties on the Software are disclaimable, they are disclaimed hereinbelow.
Some states and jurisdictions do not allow disclaimers of or limitations on the
duration of an implied warranty, so the above limitation may not apply to you.
To the extent implied warranties may not be entirely disclaimed but implied
warranty limitations are allowed by applicable law, implied warranties on the
Software, if any, are limited to ninety (90) days.
Customer remedies. The Manufacturer's and
its suppliers' entire liability and your exclusive remedy shall be, at the
Manufacturer's option, either (a) return of the price paid by you for the
Software (not to exceed the suggested retail price) if any, or (b) repair or
replacement of the component(s) of the Software that do(es) not meet the Manufacturer's Limited Warranty and which
is returned to the Manufacturer with a copy of your purchase receipt. This
Limited Warranty is void if failure of the Software has resulted from accident,
abuse, or misapplication. Any replacement Software will be warranted for the
remainder, of the original warranty period or thirty (30) days, whichever is
longer. Neither of these remedies nor any support services offered by the
Manufacturer are available without proof of purchase from a source authorized
by the Manufacturer.
No other warranties to the maximum extent permitted by applicable law, the
Manufacturer and its suppliers disclaim all, other warranties and conditions,
either express or implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, title, and non-infringement,
with regard to the software and the provision of or failure to provide support
services. This limited warranty gives you specific legal rights. You may have
others, which vary from state/jurisdiction to state/jurisdiction.
Limitation of liability. To the maximum extent
permitted by applicable law, in no event shall the Manufacturer or its
suppliers be liable for any special, incidental, indirect, or consequential
damages whatsoever (including, without limitation, damages for loss of business
profits, business interruption, loss of business information, or any other
pecuniary loss) arising out of the use of or inability to use the software
product or the provision of or failure to provide support services, even if the
Manufacturer has been advised of the possibility of such damages. In any case, the
Manufacturer's entire liability under any provision of this Agreement shall be
limited to the amount actually paid by you for the software; provided, however,
if you have entered into a support services agreement, the Manufacturer's
entire liability regarding support services shall be governed by the terms of
that agreement. Because some states and jurisdictions do not allow the
exclusion or limitation of liability, the above limitation may not apply to
you.
Your acceptance of this agreement was indicated through
installation.