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END USER LICENSE
AGREEMENT
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. YOU ACCEPT
AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT BY CLICKING
THE BUTTON LABELED "YES" THAT IS DISPLAYED BELOW. IF YOU DO
NOT AGREE TO THIS LICENSE, CLICK THE BUTTON LABELED "NO" AND
THE INSTALLATION WILL BE CANCELED.
LICENSE GRANT
"You" means the person or company who is being licensed to
use the Software or Documentation. "We," "us" and "our"
means Sandhills Software and Delta Electronics.
We hereby grant you a nonexclusive license to use one copy
of the Software on any single computer, provided the
Software is in use on only one computer at any time. The
Software is "in use" on a computer when it is loaded into
temporary memory (RAM) or installed into the permanent
memory of a computer--for example, a hard disk, CD-ROM or
other storage device.
If the Software is permanently installed on the hard disk or
other storage device of a computer (other than a network
service) and one person uses that computer more than 80% of
the time, then that person may also use the Software on a
portable or home computer.
TITLE
We remain the owner of all right, title and interest in the
Software and related explanatory written materials
("Documentation").
ARCHIVAL OR BACKUP COPIES
You may copy the Software for back-up and archival purposes,
provided that the original and each copy is kept in your
possession and that your installation and use of the
Software does not exceed that allowed in the "License Grant"
section above.
THINGS YOU MAY NOT DO
The Software and Documentation are protected by United
States copyright laws and international treaties. You must
treat the Software and Documentation like any other
copyrighted material--for example a book. You may not:
- copy the Documentation,
- copy the Software except to make archival or backup copies
as provided above,
- modify or adapt the Software or merge it into another
program,
- reverse engineer, disassemble, decompile or make any
attempt to discover the source code of the Software,
- place the Software onto a server so that it is accessible
via a pubic network such as the Internet, or
- sublicense, rent, lease or lend any portion of the
Software or Documentation.
TRANSFERS
You may transfer all your rights to use the Software and
Documentation to another person or legal entity provided you
transfer this Agreement, the Software and Documentation,
including all copies, update and prior versions to such
person or entity and that you retain no copies, including
copies stored on computer.
LIMITED WARRANTY
We warrant that for a period of 90 of days after delivery of
this copy of the Software to you:
- the media on which this copy of the Software is provided
to you will be free from defects in materials and
workmanship under normal use, and
- the Software will perform in substantial accordance with
the Documentation.
To the extent permitted by applicable law, THE FOREGOING
LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR
CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL
IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED
WARRANTY OF TITLE, NON INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we
know or had reason to know of your particular needs. No
employee, agent, dealer or distributor of ours is authorized
to modify this limited warranty, nor to make any additional
warranties.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITED REMEDY
Our entire liability and your exclusive remedy for breach of
the foregoing warranty shall be, at our option, to either:
- return the price you paid, or
- repair or replace the Software or media that does not meet
the foregoing warranty.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES,
INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR
THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN
AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE
POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER
PARTY.
TERM AND TERMINATION
This license agreement takes effect upon your use of the
software and remains effective until terminated. You may
terminate it at any time by destroying all copies of the
Software and Documentation in your possession. It will also
automatically terminate if you fail to comply with any term
or condition of this license agreement. You agree on
termination of this license to destroy all copies of the
Software and Documentation in your possession.
CONFIDENTIALITY
The Software contains trade secrets and proprietary know-how
that belong to us and it is being made available to you in
strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR
OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN
STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE
ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
GENERAL PROVISIONS
1. This written license agreement is the exclusive agreement
between you and us concerning the Software and Documentation
and supersedes any prior purchase order, communication,
advertising or representation concerning the Software.
2. This license agreement may be modified only by a writing
signed by you and us.
3. This license agreement is governed by the laws of the
state of Colorado.
4. You agree that the Software will not be shipped,
transferred or exported into any country or used in any
manner prohibited by the United States Export Administration
Act or any other export laws, restrictions or regulations.
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