License Agreement for Software

 

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.

 

Limits of Use. The Software may be used only by you. You may install and use one copy of the Software on a single computer. You may also store or install a copy of the Software on a storage device for backup purposes. Any given license to use the Software may not be shared or used concurrently or otherwise on different computers or by different developers in a given organization, unless it is a team edition license.

 

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.

 

Redistribution. Certain files of the Software may be redistributed by you to the extent required for the permitted operation of the applications software installation code created by you while using the Software. The specific redistributable file(s) are limited to the files created with the Software through the PUBLISH or RESOURCE functions, and the redistributable artwork files and scripts. You may only publish or distribute files on which you have the usage rights. They may be redistributed only within an executable application created by 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.