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IMPORTANT: READ CAREFULLY – AJE Software,
including any "online" or electronic
documentation (collectively referred to
as "Software"), are subject to
the terms and conditions of the End-User
License Agreement for AJE Software (each
such license referred to individually as
a "EULA"), for the applicable
AJE Software product which you licensed
previously from AJE Software..
By installing, copying or otherwise using
the Software, you agree to be bound by the
terms and conditions described above.
NOTE: IF YOU DO NOT HAVE A VALID LICENSE
YOU ARE NOT AUTHORIZED TO INSTALL, COPY
OR OTHERWISE USE THE SOFTWARE. EVEN IF YOU
HAVE A RIGHT TO USE THE SOFTWARE, YOU DO
NOT HAVE ANY RIGHT TO INSTALL, COPY OR OTHERWISE
USE ANY OF THE OTHER SOFTWARE.
General.
AJE Software are licensed to you pursuant
to the terms of the license agreement included
with the original software, and is protected
by copyright law and international treaties.
Unauthorized reproduction or distribution
may result in severe civil and criminal
penalties, and will be prosecuted to the
maximum extent possible under the law.
You also have the right to make additional
copies of the Software equal to the number
of validly licensed copies of each SOFTWARE
PRODUCT which you have, and you may use
each copy in the manner specified above.
License Agreement
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
USING THE SOFTWARE.
BY USING THE SOFTWARE, YOU AGREE TO BE
BOUND BY THE TERMS OF THIS AGREEMENT. IF
YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT,
DO NOT OPEN , INSTALL OR USE THE SOFTWARE.
PROMPTLY RETURN, WITHIN 15 DAYS, THE SOFTWARE,
ALL RELATED DOCUMENTATION AND ACCOMPANYING
ITEMS TO THE PLACE OF ACQUISITION.
This is a legal agreement between you and
AJE Software.
This Agreement states the terms and conditions
upon which AJE Software offers to license
the software together with all related documentation
and accompanying items including, but not
limited to, the executable programs, drivers,
libraries and data files associated with
such programs (collectively, the "Software").
1. Grant of License.
The Software is licensed, not sold, to you
for use only under the terms of this Agreement.
You own the disk or other media on which
the Software is originally or subsequently
recorded or fixed; but, as between you and
AJE Software(and, to the extent applicable,
its licensors), AJE Software retains all
title to and ownership of the Software and
reserves all rights not expressly granted
to you.
2. For Use on a Single Computer.
The Software may be used only on a single
computer by a single user at any time.
You may transfer the machine-readable portion
of the Software from one computer to another
computer, provided that:-
(a) the Software (including any portion
or copy thereof) is erased from the first
computer and
(b) there is no possibility that the Software
will be used on more than one computer at
a time.
3. Stand-Alone Basis.
You may use the Software only on a stand-alone
basis, such that the Software and the functions
it provides are accessible only to persons
who are physically present at the location
of the computer on which the Software is
loaded. You may not allow the Software or
its functions to be accessed remotely, or
transmit all or any portion of the Software
through any network or communication line.
4. Copyright.
The Software is owned by AJE Software and/or
its licensees, and is protected by United
Kingdom copyright laws and international
treaty provisions. You may not remove the
copyright notice from any copy of the Software
or any copy of the written materials, if
any, accompanying the Software.
5. One Archival Copy.
You may make one (1) archival copy of the
machine-readable portion of the Software
for backup purposes only in support of your
use of the Software on a single computer,
provided that you reproduce on the copy
all copyright and other proprietary rights
notices included on the originals of the
Software.
6. Network Version.
If you have purchased a "network"
version of the Software, this Agreement
applies to the installation of the Software
on a single "file server". It
may not be copied onto multiple systems.
Each "node" connected to the "file
server" must also have its own license
of a "node copy" of the Software,
which becomes a license only for that specific
"node".
7. Transfer of License.
You may transfer your license of the Software,
provided that
(a) you transfer all portions of the Software
or copies thereof,
(b) you do not retain any portion of the
Software or any copy
thereof, and
(c) the transferee reads and agrees to be
bound by the terms and
conditions of this Agreement.
8. Limitations on Using, Copying, and
Modifying the Software.
Except to the extent expressly permitted
by this Agreement or by the laws of the
jurisdiction where you acquired the Software,
you may not use, copy or modify the Software.
Nor may you sub-license any of your rights
under this Agreement. You may use the Software
for your personal use only, and not for
public performance or for the creation of
publicly displayed videotapes.
9. Decompiling, Disassembling, or Reverse
Engineering.
You acknowledge that the Software contains
trade secrets and other proprietary information
of AJE Software and its licensors.
Except to the extent expressly permitted
by this Agreement or by the laws of the
jurisdiction where you are located, you
may not
decompile, disassemble or otherwise reverse
engineer the Software, or engage in any
other activities to obtain underlying information
that is not visible to the user in connection
with normal use of the Software.
In particular, you agree not for any purpose
to transmit the Software or display the
Software's object code on any computer screen
or to make any hardcopy memory dumps of
the Software's object code. If you believe
you require information related to the interoperability
of the Software with other programs, you
shall not decompile or disassemble the Software
to obtain such information, and you agree
to request such information from AJE Software
at the address listed below. Upon receiving
such a request, AJE Software shall determine
whether you require such information for
a legitimate purpose and, if so, AJE Software
will provide such information to you within
a reasonable time and on reasonable conditions.
In any event, you will notify AJE Software
of any information derived from reverse
engineering or such other activities, and
the results thereof will constitute the
confidential information of AJE Software
that may be used only in connection with
the Software.
TERMINATION
The license granted to you is effective
until terminated. You may terminate it at
any time by returning the Software (including
any portions or copies thereof) to AJE Software.
The license will also terminate automatically
without any notice from AJE Software if
you fail to comply with any term or condition
of this Agreement. You agree upon such termination
to return the Software (including any portions
or copies thereof) to AJE Software. Upon
termination, AJE Software may also enforce
any rights provided by law. The provisions
of this Agreement that protect the proprietary
rights of AJE Software will continue in
force after termination.
LIMITED WARRANTY
AJE Software warrants, as the sole warranty,
that the disks on which the Software is
furnished will be free of defects, as set
forth in the Warranty Card or printed manual
included with the Software. No distributor,
dealer or any other entity or person is
authorized to expand or alter this warranty
or any other provisions of this Agreement.
Any representation, other than the warranties
set forth in this Agreement, will not bind
AJE Software.
AJE Software does not warrant that the
functions contained in the Software will
meet your requirements or that the operation
of the Software will be uninterrupted, error-free
or free from malicious code. For purposes
of this paragraph, "malicious code"
means any program code designed to contaminate
other computer programs or computer data,
consume computer resources, modify, destroy,
record, or transmit data, or in some other
fashion usurp the normal operation of the
computer, computer system, or computer network,
including viruses, Trojan horses, droppers,
worms, logic bombs, and the like.
EXCEPT AS STATED ABOVE IN THIS AGREEMENT,
THE SOFTWARE IS PROVIDED AS-IS WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE. AJE Software IS
NOT OBLIGATED TO PROVIDE ANY UPDATES, UPGRADES
OR TECHNICAL SUPPORT FOR THE SOFTWARE.
Further, AJE Software shall not be liable
for the accuracy of any information provided
by AJE Software or third-party technical
support personnel, or any damages caused,
either directly or indirectly, by acts taken
or omissions made by you as a result of
such technical support.
You assume full responsibility for the
selection of the Software to achieve your
intended results, and for the installation,
use and results obtained from the Software.
You also assume the entire risk as it applies
to the quality and performance of the Software.
Should the Software prove defective, you
(and not AJE Software, or its distributors
or dealers) assume the entire cost of all
necessary servicing, repair or correction.
This warranty gives you specific legal
rights, and you may also have other rights
which vary from country/state to country/state.
Some countries/states do not allow the exclusion
of implied warranties, so the above exclusion
may not apply to you. AJE Software disclaims
all warranties of any kind if the Software
was customized, repackaged or altered in
any way by any third party other than AJE
Software.
LIMITATION OF REMEDIES AND DAMAGES
THE ONLY REMEDY FOR BREACH OF WARRANTY WILL
BE THAT SET FORTH IN THE WARRANTY CARD OR
PRINTED MANUAL INCLUDED WITH THE SOFTWARE.
IN NO EVENT WILL AJE Software OR ITS LICENSORS
BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR
ANY LOST PROFITS, LOST SAVINGS, LOST REVENUES
OR LOST DATA ARISING FROM OR RELATING TO
THE SOFTWARE OR THIS AGREEMENT, EVEN IF
AJE Software OR ITS LICENSORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL AJE Software LIABILITY
OR DAMAGES TO YOU OR ANY OTHER PERSON EVER
EXCEED THE AMOUNT PAID BY YOU TO USE THE
SOFTWARE, REGARDLESS OF THE FORM OF THE
CLAIM.
EVALUATION
You undertake that you are installing the
SOFTWARE PRODUCT to be used solely as an
evaluation copy. As an evaluation copy,
you agree to only use the SOFTWARE PRODUCT
to the extent required to ascertain whether
the SOFTWARE PRODUCT is suitable for your
needs.
At such time as you have concluded your
evaluation of the SOFTWARE PRODUCT, you
will either purchase the number of appropriate
licenses for the SOFTWARE PRODUCT from AJE
Components or an approved reseller at the
current price shedule, or uninstall and
delete the SOFTWARE PRODUCT in its entirety
and any copies thereof.
SEPARATION OF COMPONENTS
The software is licensed as a single product.
Its component parts may not be separated
for use, or used for any purpose other than
the specified intended use.
SUPPORT SERVICES
You agree that AJE Components does not
undertake to support the SOFTWARE PRODUCT,
and the registration fee for the SOFTWARE
PRODUCT does not include payment for support
of any kind. AJE Components may at its discretion
provide you with support services related
to the SOFTWARE PRODUCT, and in doing so,
does not establish a precedence of obligation
to provide support of any kind.
UPGRADES
You agree that the registration fee for
the SOFTWARE PRODUCT does not include payment
for any upgrades to the SOFTWARE PRODUCT.
AJE Components may, at its discretion, provide
upgrades at no cost or in compliance with
an upgrade fee schedule. Any upgrades to
the SOFTWARE PRODUCT carry the same license
terms as this installation unless they are
superceded by a newer license agreement.
DISTRIBUTION
Please feel free to distribute the Unregistered
version of this software. However, we ask
that you distribute the entire Unregistered
version with no modification, and without
any charge or fee. The Unregistered version
can clearly be identified by the startup
License Notification screen. The License
screen is permanently removed only when
the product is Registered.
PRODUCT RETURNS/REFUNDS
No returns are accepted and/or refunds
given under ANY circumstances whatsoever.
GENERAL
This Agreement is binding on you as well
as your employees, employers, contractors
and agents, and on any successors and assignees.
Neither the Software nor any information
derived therefrom may be exported except
in accordance with the laws of the United
Kingdom or other applicable provisions.
This Agreement is the entire agreement between
us and supersedes any other understandings
or agreements, including, but not limited
to, advertising, with respect to the Software.
If any provision of this Agreement is deemed
invalid or unenforceable by any country
or government agency having jurisdiction,
that particular provision will be deemed
modified to the extent necessary to make
the provision valid and enforceable, and
the remaining provisions will remain in
full force and effect.
The local language version of this
agreement shall apply to Software acquired
in the EU. This Agreement is the entire
agreement between us and you agree that
AJE Software will not have any liability
for any untrue statement or representation
made by it, its agents or anyone else
(whether innocently or negligently)
upon which you relied upon entering
this Agreement, unless such untrue statement
or representation was made fraudulently.
For questions concerning this Agreement,
please contact AJE Software at the address
stated above. For questions on product or
technical matters, contact the AJE Software
technical support center nearest you.
Limited Warranty:
EXCEPT AS STATED EARLIER IN THIS AGREEMENT,
AND AS PROVIDED UNDER THE HEADING "STATUTORY
RIGHTS", THE SOFTWARE IS PROVIDED AS-IS
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, QUALITY AND FITNESS FOR
A PARTICULAR PURPOSE.
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