TO: THE LICENSEE
1. LICENSE: In consideration of this agreement
with DiscoverWare in relation to the following terms and conditions,
DiscoverWare hereby agrees to grant to the licensee a non-exclusive
right to use the enclosed program. This license permits the
licensee to use this program on a corporate intranet. The number
of users of the program at any one given time must not exceed
the number of users for which the licensee has purchased a license.
Licensee must have a reasonable mechanism or process in place
to ensure that the number of persons using the program does
not exceed the number of licenses purchased. For intranet deployment
concurrent usage is not permitted. Licensee may not distribute
copies of the program or documentation to others, or modify
or translate the program or related documentation without the
prior written consent of DiscoverWare.
LICENSEE MAY NOT USE, COPY, MODIFY, OR TRANSFER
THE PROGRAM OR DOCUMENTATION OR ANY COPY EXCEPT AS EXPRESSLY
PROVIDED IN THIS AGREEMENT.
2. BACK-UP AND TRANSFER: Licensee may make one
(1) copy of the program, solely for back-up purposes. Licensee
must reproduce and include the copyright notice on the back-up
copy. Licensee may transfer and license the product to another
party if the other party agrees to the terms and conditions
of this Agreement and completes and returns a Registration Card
to DiscoverWare. If licensee transfers the program, licensee
must at the same time also transfer the documentation and back-up
copy or transfer the documentation and destroy the back-up copy,
as well as remove from licensee's computer all portions of the
program.
3. COPYRIGHT: The program and its related documentation
are subject to copyrights held by DiscoverWare. Licensee may
not copy the program or its documentation except for back-up
purposes and to load the program into the computer as part of
executing the program. All other copies of the program and its
documentation are in violation of this Agreement and the copyrights
held by DiscoverWare.
4. TERM: This license is effective until terminated.
Licensee may terminate the license by destroying the program
and documentation and all copies thereof. This license will
also terminate if licensee fails to comply with any term or
condition of this Agreement. Upon such termination, licensee
agrees to destroy all copies of the program and documentation.
5. LIMITED WARRANTY: THE PROGRAM IS PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK
AS TO THE RESULTS AND PERFORMANCE OF THE PROGRAM IS ASSUMED
BY LICENSEE. SHOULD THE PROGRAM PROVE DEFECTIVE, LICENSEE (AND
NOT DISCOVERWARE OR ITS DEALERS) WILL ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. ALTHOUGH DISCOVERWARE
IS NOT AWARE OF ANY FLAWS IN THE PROGRAM, DISCOVERWARE DOES
NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OF, OR THE RESULTS OF THE USE OF, THE PROGRAM IN TERMS
OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE,
AND LICENSEE RELIES ON THE PROGRAM AND RESULTS SOLELY AT LICENSEE'S
OWN RISK.
DiscoverWare does warrant, to the original licensee,
that the compact disc(s) on which the program is recorded is/are
free from defects in materials and workmanship under normal
use and service for a period of ninety (90) days from the date
of delivery as evidenced by a copy of licensee's receipt. DiscoverWare's
entire liability (and licensee's exclusive remedy) shall be
replacement of the compact disc(s) which does not meet DiscoverWare's
Limited Warranty and which is returned to DiscoverWare with
a copy of licensee's receipt. If failure of the compact disc(s)
has resulted from accident, abuse or misapplication of the product,
then DiscoverWare shall have no responsibility to replace the
compact disc under this Limited Warranty.
THE ABOVE IS THE ONLY WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE THAT IS MADE BY DISCOVERWARE ON THIS DISCOVERWARE PRODUCT.
THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS AND LICENSEE
MAY ALSO HAVE OTHER RIGHTS WHICH VARY ACCORDING TO JURISDICTION.
NEITHER DISCOVERWARE NOR ANYONE ELSE WHO HAS
BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS
PROGRAM SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
OR INCIDENTAL DAMAGES ARISING OUT OF THE USE, THE RESULTS OF
USE, OR INABILITY TO USE SUCH PRODUCT EVEN IF DISCOVERWARE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION
MAY NOT APPLY TO LICENSEE.
6. MISCELLANEOUS: This license agreement shall
be governed by the laws of the Province of Alberta, Canada,
and shall ensure to the benefit of DiscoverWare Inc. its successors,
administrators, heirs and assigns.
7. ACKNOWLEDGEMENT: LICENSEE ACKNOWLEDGES THAT
THEY HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE
BOUND BY ITS TERMS AND CONDITIONS. LICENSEE ALSO AGREE THAT
THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT
BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS,
VERBAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE
PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Any questions concerning this Agreement should
be directed to:
DiscoverWare @ (800) 465-3641
