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PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS
SOFTWARE. BY INSTALLING THIS SOFTWARE, YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT,
UNDERSTAND IT, AND AGREE TO BECOME BOUND BY ITS TERMS
AND CONDITIONS.
Copyright & Proprietary Information. The enclosed software (the "Software") is
the property of Positive Software Corporation ("Positive Software"). As
copyrighted and trademarked material, it is protected by the laws of the
United States, individual states, international copyright and trademark laws
and treaties, and international trade provisions. Your purchase or trial use
of the disks, CD's or other media containing the Software transfers no title
to the Software itself. Instead, any use of such Software must be made in
accordance with the terms of this License. Positive Software Corporation
reserves all rights not specifically granted herein. Your rights and
obligations under this License are set forth below. If you violate such
obligations, this License and your right to use the Software terminate
immediately.
Permitted Uses of a Trial License. This license brings you all the rights and
restrictions of the Purchased License with additional restrictions that:
(i) upon the expiration of the thirty (30) day trial period set to begin upon
the installation of the Software the license will terminate and you will loose
all rights granted to you by this License; (ii) upon termination of the Trial
License you must either obtain a purchased license from Positive Software or
discontinue all use of the Software and destroy it and all copies thereof.
Prohibited Uses of a Trial License. You may not, and you may not authorize
anyone else to: (i) sell, rent, lend, assign, sublicense or transfer the
Software or your rights hereunder.
Calculation of number of accounts used. For the purpose of this License
Agreement total number of accounts used by you is equal to a total number
of websites, that Software is able to authenticate.
Permitted Uses of a Purchased License. If this License is a Purchased
License, subject to payment of license fees, Positive Software grants you
the right for up to the total number of accounts, indicated on the Software's
license, to: (i) use the Software only for your internal business purposes;
(ii) make modifications to the Software for your internal business purposes
( any modifications made by you will make your Software not eligible for free
technical support ); (iii) transfer the Software and documentation, including
a copy of this License, to another person who agrees to become bound by the
terms and conditions of this License and notifies Positive Software in
writing of the transfer, in which event all of your rights hereunder shall end.
Prohibited Uses of a Purchased License. You may not, and you may
not authorize anyone else to: (i) sell, rent, lend, assign, sublicense or
transfer the Software or your rights hereunder except as expressly provided
in this License; (ii) exceed any limits indicated by this License in either
the number of licensed users or in duration of the license.
Termination. You may terminate this License at any time by discontinuing
all use of the Software and destroying it and all copies thereof.
Limited Warranty and Liability. When the Software is furnished on
diskettes or CDs, and only with respect to a purchased license,
Positive Software warrants the media to be free from defects in materials
and workmanship under normal use for a period of ninety (90) days from
the date of delivery to you as evidenced by your registration with
Positive Software , which must occur within ten (10) days of opening the
media package. Any replacement software will be warranted for the rest
of the ninety (90) day period or for thirty (30) days from the date you
receive the replacement, whichever is longer. Positive Software's entire
liability and your exclusive remedy shall be, at Positive Software's option,
either (a) to return the price paid or (b) to repair or replace the Software.
This Limited Warranty is void if failure of the Software has resulted from
accident, abuse, or misapplication.
Disclaimer of Warranties. THE SOFTWARE AND ASSOCIATED
DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR
ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
SOFTWARE AND DOCUMENTATION IS WITH YOU. POSITIVE SOFTWARE
DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE
WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN
THE SOFTWARE WILL BE CORRECTED. SOME STATES DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE
OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
Limitations of Warranty. IN NO EVENT SHALL POSITIVE SOFTWARE OR
ANY SUPPLIER OR ANY OTHER PERSON INVOLVED IN THE
CREATION, PRODUCTION, OR DISTRIBUTION OF THE SOFTWARE
BE LIABLE TO YOU ON ACCOUNT OF ANY CLAIM FOR ANY
SPECIAL EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING ANY
LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, LOSS
OF BUSINESS OR PERSONAL INFORMATION OR ANY OTHER
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
THE USE, THE INABILITY TO USE, QUALITY, OR PERFORMANCE OF
THE POSITIVE SOFTWARE'S SOFTWARE AND DOCUMENTATION, EVEN IF
POSITIVE SOFTWARE, OR AN AUTHORIZED REPRESENTATIVE OF
POSITIVE SOFTWARE, HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
General. All updates or new versions of the Software which may be
received by you from Positive Software without accompanying licenses shall
also be governed by this License. This License Agreement shall be
construed, interpreted and governed by the laws of the State of New York.
If any provision of this License is found void or unenforceable,
it will not affect the validity of the rest of this License. You may not
export or re-export the Software except in compliance with the Export
Administration Regulations of the U.S. Department of Commerce.
Headings and captions are for convenience only and are not to be used in
the interpretation of this Agreement.
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