PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE. BY INSTALLING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND IT, AND AGREE TO BE 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 does not transfer the title to the Software. 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 will be terminated immediately.
Permitted Uses of a Trial License. This License gives 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 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 be bound by the terms and conditions of this License and notifies Positive Software of the transfer in written form, in which event all of your rights hereunder shall end.
Prohibited Uses of a Purchased License. You may, 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 EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION ARE AT YOUR RISK. 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 CASE 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.
Government End Users. The Software and any associated documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights In Technical Data and Computer Software Clause at 52.227-7013.
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.