Software License Agreement
and Limited Warranty
This is a legal agreement between you, the end user, and Farallon Computing,
Inc. ("Farallon"). The enclosed Farallon software program or programs
(the "Software") are licensed by Farallon to the original customer
and any subsequent transferee of the Software for use only on the terms
described in this License Agreement (this "License"). Opening
the enclosed disk envelope or using the Software indicates that you accept
and agree to comply with these terms. If you do not agree to these terms,
(a) you may return the Software, along with the full product and proof of
purchase to your dealer within thirty (30) days for a full refund, or (b)
you may write to Farallon with a request to modify any term of this License.
Please allow six (6) weeks for a response.
- GRANT OF LICENSE. Farallon grants to you a non-exclusive, personal
license to use the Software as provided in this License. Each permitted
copy of the Software may be stored in memory (either temporary or "permanent"),
on no more than one computer at any one time. However, you may install
the Software on a network server for the sole purpose of valid distribution
to other computers.
- SERIALIZED SOFTWARE. If the Software has been delivered with more than
one serial number, you have the right to make and use the same number of
copies of the Software as you have been given serial numbers.
- NONSERIALIZED SOFTWARE. If the Software has been delivered to you without
serial numbers, this License gives you the right to make and use the number
of copies specified on the enclosed Software License Card.
- REPLICA. If the Software is Replica, you have a royalty-free right
to non-commercially distribute the Software, in its entirety, but without
the serial number(s) supplied to you, provided that you reproduce all copyright
and other proprietary notices on the original copy of the Software provided
to you. (Replica is not "shareware." The persons to whom you
give the Software will be able to create only five (5) Replica documents.
They will then be given the opportunity to purchase the Software.) You
also have the right to non-commercially distribute the Replica Viewer in
object code form only for the sole purpose of enabling viewing of your
media or documents created by you with the Replica Creator. You may not
under any circumstances commercially distribute the Software or any portion
of it without express written permission from Farallon. Please contact
Farallon for a Replica Viewer Commercial Distribution License.
- COPYRIGHT. The Software is owned by Farallon or its suppliers and is
protected by United States copyright laws and international treaty provisions.
This means that you must treat the Software like a book, musical recording
or any other copyrighted material. Nevertheless, Farallon gives you the
right to (a) make two copies of the Software solely for backup or archival
purposes, or (b) 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 accompanying the Software (called the "Documentation").
You should be aware that illegal copying or distribution of copyrighted
material is investigated by the FBI, and is punishable by prison terms
of up to 10 years.
- OTHER RESTRICTIONS. You may not rent or lease the Software, but you
may permanently transfer the Software and Documentation provided you retain
no copies and the recipient agrees to the terms of this Agreement. You
may not modify, reverse engineer, decompile, disassemble, or create derivative
works from the Software or Documentation.
- TERM. This License is effective until terminated. You may terminate
the license at any time by returning the Software and all Documentation
to Farallon and by removing the Software from the memory of the computer
into which the Software has been transferred. This License may be terminated
by Farallon immediately and without notice in the event that you fail to
comply with any term or condition hereof. Upon any termination, you will
return to Farallon, at your expense, the Software and Documentation and
any copies whether or not the copying was authorized.
- GOVERNMENT LICENSEE. The Software and Documentation are provided with
Restricted Rights. Use, duplication, or disclosure by the U.S. Government
is subject to restrictions as set forth in the Rights in Technical Data
and Computer Software clause at DFARS 252.227-7013 and the Commercial Software-Restricted
Rights Clause at 48 CFR 52.227-19. Manufacturer is Farallon Computing,
Inc. 2470 Mariner Square Loop, Alameda, California 94501.
- EXPORT LAW ASSURANCES. You agree that neither the Software nor any
direct product thereof is being or will be acquired, shipped, transferred,
or reexported, directly or indirectly, into any country prohibited by the
United States Export Administration Act and the regulations thereunder
or will be used for any purpose prohibited by the same.
- SEVERABILITY. If for any reason, any provision or partial provision
of this License is held invalid, such invalidity shall not affect the remainder
of such provision or this License, and this License shall, to the full
extent consistent with law, continue in full force and effect.
- THIRD PARTY BENEFICIARIES. If any portion of the Software has been
licensed to Farallon by a third party for redistribution, Licensee is hereby
notified that such third party is an intended third party beneficiary of
this License with full rights of enforcement.
- DUAL MEDIA SOFTWARE. If the Software package contains both 3-1/2"
and 5-1/4" disks, then you may use only the disks appropriate for
your single-user computer. You may not use the other disks on another computer
or loan, rent, lease, or transfer them to another user except as part of
the permanent transfer (as provided above) of all Software and Documentation.
- GENERAL. The validity and performance of this License shall be governed
by California law, except for that body of law dealing with conflict of
laws and except as to copyrights, which are governed by United States laws
and international treaties. This License constitutes the entire agreement
between the parties concerning the subject matter hereof. Any waiver or
amendment of any provision of this License shall be effective only if in
writing and signed by you and an officer of Farallon. No distributor, dealer,
or employee (other than an officer) of Farallon is authorized to change
or amend any terms of this License. In the event of any conflict between
the terms of this License and the terms of any license bound into any manual
packaged with the Software, this License shall govern.
Software
License Agreement and Limited Warranty
Farallon warrants that for ninety (90) days following delivery of the
Software to you, as shown by a copy of your receipt: (1) the Software, unless
modified by you, will perform substantially the functions described in the
Documentation provided by Farallon; and (2) the media on which the Software
is furnished will be free from defects in materials and workmanship under
normal use.
Farallon does not warrant that the Software will meet your requirements
or that operation of the Software will be uninterrupted or error-free. Farallon
is not responsible for any problem, including any problem which would otherwise
be a breach of warranty, caused by (i) changes in the operating characteristics
of computer hardware or computer operating systems which are made after
the release of the Software, (ii) interaction of the Software with non-Farallon
software or (iii) accident, abuse, or misapplication.
THE ABOVE WARRANTIES ARE MADE BY FARALLON ALONE, AND THEY ARE the ONLY
WARRANTIES MADE BY ANYONE REGARDING THE ENCLOSED SOFTWARE. Farallon and
its licensor(s) make no other warranties, express or implied, including
without limitation the implied warranties of merchantability and fitness
for a particular purpose, regarding the enclosed SOFTWARE. Except as otherwise
expressly provided above, Farallon and its licensor(s) do not warrant, guarantee
or make any representation regarding the use or the results of the use of
the SOFTWARE in terms of its correctness, accuracy, reliability, currentness,
or otherwise. The entire risk as to the results and performance of the SOFTWARE
is assumed by you. The exclusion of implied warranties is not permitted
by some states or jurisdictions, so the above exclusion may not apply to
you. IN THAT CASE, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY
(90) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE. There may be other
rights that you may have which vary from jurisdiction to jurisdiction.
Limitation
of Remedies
Farallon's entire liability and your sole remedy under the warranty during
the ninety (90) day warranty period is that Farallon shall, at its sole
and exclusive option, either replace the Software with a functionally equivalent
program at no charge to you or refund the license fee of the Software. Any
replacement Software will be warranted for the remainder of the original
warranty period or thirty (30) days, whichever is longer. These are your
sole and exclusive remedies for any breach of warranty during this ninety
(90) day period.
In order to make a claim under this warranty, you must return the defective
item with your receipt within ten (10) days following the end of the warranty
period. Farallon will have no responsibility to replace or refund the license
fee of Software damaged by accident, abuse, or misapplication.
REGARDLESS OF WHETHER OR NOT ANY REMEDY SET FORTH HEREIN FAILS OF ITS
ESSENTIAL PURPOSE, in no event will Farallon, its licensor(s) and the directors,
officers, employees or agents of any of them be liable to you for any consequential,
incidental or indirect damages (including damages for loss of business profits,
business interruption, loss of business information, and the like) arising
out the use or inability to use the SOFTWARE even if Farallon or its licensor(s)
have been advised of the possibility of such damages. Because some states
or jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitations may not apply
to you. Farallon and its licensor(s) liability to you for actual damages
from any cause whatsoever, and regardless of the form of the action (whether
in contract, tort [including negligence], PRODUCT liability or otherwise),
will be limited to $50.
Should you have any questions concerning this License, please write to
Farallon at the following address:
Farallon Computing, Inc.
Customer Service Department
2470 Mariner Square Loop
Alameda, California 94501
USA
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