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| MultiSource | ||||
| END-USER SOFTWARE LICENSE AGREEMENT | ||||
| READ THIS CAREFULLY. THIS MULTISOURCE END-USER LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU, AS EITHER AN INDIVIDUAL OR SINGLE ENTITY, AND MULTISOURCE, FOR THE USE OFTHE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT INCLUDES THE COMPUTER SOFTWARE, ASSOCIATED MEDIA AND PRINTED MATERIALS, ONLINE OR ELECTRONIC DOCUMENTATION, OR ANY OTHER RELATED MATERIALS. BY INSTALLING, COPYING, OR USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. BOXED SOFTWARE CAN NOT BE RETURNED FOR A REFUND ONCE THE SEAL IS BROKEN ON THE PRODUCT BOX. NO REFUND IS ISSUED IF THE SOFTWARE IS OBTAINED BY AN ELECTRONIC INTERNET DOWNLOAD AND THE CD KEY HAS BEEN ISSUED TO YOU OR WHEN YOU HAVE HAD THE USE OF A FREE TRIAL PRIOR TO ORDERING. | ||||
| SOFTWARE PRODUCT LICENSE. THIS IS A LICENSE AGREEMENT which grants you a non-exclusive license to use this MultiSource Software Product. | ||||
| 1. COPYRIGHT & PATENT PENDING. MultiSource software, including but not limited to any text, images, photographs, illustrations, animation, video, audio, and music incorporated into the Software Product, is protected by United States copyright laws and international treaty provisions. You must treat MultiSource software like any other copyright material with one exception; you are granted the right to (a) make one backup copy of the Software Product solely for backup or archival purposes, or in lieu, (b) copy into the memory of the computer or onto a hard disk retaining the original as the backup copy. You must place a copyright notice on the backup copy. You may not copy any printed materials included in the software package. | ||||
| 2. GRANT OF LICENSE. This Agreement grants you the following rights: | ||||
| System Use. You are granted the use of one copy of this Software Product on the software licensed computer registered with MultiSource. | ||||
| Network Use. You are granted the use of one copy of this Software Product on a storage device, such as a network server, which is used solely to install or run the Software Product on other computers over an internal network; however, an additional license must be acquired and dedicated for each separate computer on which the Software Product is installed or for each computer run from the storage device. | ||||
| 3. UPGRADES. The License will transfer to any MultiSource Software Product upgrade purchased by you. If the software licensed is a single component of another software program package, only that single component will be considered licensed. | ||||
| 4. RESTRICTIONS. You may not remove or obscure the MultiSource software copyright and trademark notices. You may not rent, lease, sign or pledge the MultiSource Software Product. You many not copy, reproduce, adapt, create derivative works based thereon, translate into any foreign language, or store in a retrieval system any associated printed materials furnished in the MultiSource software package. You may not disassemble, decompile, or reverse engineer the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The Software Product is licensed as a single product, and its components may not be separated for use on more than one computer. You expressly agree to protect and take the necessary precautions against the unauthorized use, reproduction, decompilation, or translation of MultiSource software and its associated printed materials. | ||||
| 5. WARRANTY and LIABILITY. To the maximum extent permitted by applicable laws, the MultiSource Software Product and its related documentation are provided "as is" without warranty of any kind, either expressed or implied. MultiSource does not warrant that the Software Product and written materials will meet your requirements, nor implied warranties of merchantability or fitness for a particular purpose, or the operation will be uninterrupted, error-free, or compatible with your computer setup or hardware; including without limitation any representations or endorsements regarding the use, result, or performance of the software or, its appropriateness, accuracy, reliability, or correctness; in no event is liable for any damages including but not limited to damages for loss of business profits or information, business interruptions, loss of business information, or any other pecuniary loss that may arise from the use or the inability to use the Software Product and the written materials; and even when MultiSource is advised of the possibility of such damages. The entire risk as to the use of this product is assumed by the licensee. The above limitations may not apply to those who reside in a state or jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages. If any provision of this Agreement is deemed unlawful, void, or unenforceable, it shall be deemed severable and in no way affect the validity or enforceability of the remaining provisions. | ||||
| 6. DURATION AND TERMINATION. This License is in effect from January 1, 1997, until terminated by either (a) the program destruction along with its printed materials and backup copy, (b) the return of the complete package to MultiSource, or (c) the licensee's failure to comply with any terms or conditions of this Agreement. Without prejudice to other rights, MultiSource may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy materials and components of the Software Product along with all copies and updates. | ||||
| 7. U.S. GOVERNMENT RESTRICTED RIGHTS. MultiSource software and documentation are provided with restricted rights. The 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 DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software, Restricted Rights at 48 CFR 52.227-19, as may be applicable. Manufacturer is MultiSource, P. O. Box 720808, San Diego, CA 92172. | ||||
| 8. GENERAL. This Agreement represents the entire understanding regarding the MultiSource software program and its related printed materials. This Agreement supersedes all prior communications, verbal or written, advertisements, representations, proposals, or promises relating to the terms and conditions of this Agreement. This Agreement is governed by the laws of the State of California when purchased in the United States. Any question you may have concerning this Agreement, address your inquiry to MultiSource, P. O. Box 720808, San Diego, CA 92172. | ||||
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