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fP Technologies, Inc. ("Licensor") is providing
the accompanying software ("software") and any related documentation
("documentation") subject to the terms of this agreement.
Title to the media on which the software is recorded is transferred
to the customer, but title to the software itself, which
is protected by copyright and patent law, is not transferred.
The software and documentation is subject to protection under
United State Copyright Laws. You have a nonexclusive right
to use the software and documentation. You may only install
the software on a single standalone computer or a single
network server serving the number of users your license allows.
You may not distribute copies of the software or documentation
to others. You may not modify or translate the software or
documentation in any way or manner. You may not use, copy
or transfer the software or any copy except as provided for
in this Agreement. If you transfer possession of any copy
of the software to another party (except in connection of
the sale of your license rights, described below) your license
is automatically terminated.
SOFTWARE BACKUP AND DUPLICATION
You may make an archival copy of the software
for the sole purpose of backup, so long as you reproduce
and include the copyright notice and any other notices on
the backup copy. You may sell your license rights (in the
software) to another party. If you sell your license rights
(in the software) you must simultaneously transfer the documentation
and any backup copy or destroy the backup copy. You cannot
sell your license rights (in the software) to another party
unless that party also agrees to all of the terms and conditions
of this Agreement.
TERM
This license is effective until terminated.
You may terminate it any time. You agree that upon termination
of this License for any reason, you will destroy or return
the software and documentation together with all copies and
modifications in any form.
OBJECT CODE
You may understand and acknowledge that
the software consists of object code only, and that Licensor
shall not supply source code versions of the software. You
shall not create or attempt to create the source code or
any part thereof by decompilation or otherwise.
LIMITED WARRANTY
Licensor does not warrant that the functions
contained in the software will meet your requirements or
that the operation of the software will be uninterrupted
or error free. However, Licensor warrants that the physical
media on which the software is furnished will be free from
defects in materials and workmanship under normal use for
a period of thirty (30) days from the date of delivery to
you. Licensor's sole obligation under this limited warranty
shall be to replace the defective item of physical media.
To receive a replacement, return the defective item(s) to
Licensor with a copy of your receipt. If Licensor is unable
to deliver a replacement which is free of defects in materials
and workmanship you may terminate this Agreement by returning
the software and documentation to Licensor and your money
will be refunded.
EXCEPT AS PROVIDED ABOVE, THE SOFTWARE
AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION IS WITH
YOU. 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 LIABILITY
Except for your rights specified under
Licensor's "Limited Warranty", Licensor's entire liability
and your exclusive remedy for any claim for injury arising
from the use of the software and documentation shall be limited
to the return of the price you paid for the software and
documentation.
IN NO EVENT WILL LICENSOR BE LIABLE FOR
ANY DMAMGES, INCLUDING ANY LOSS OF PROFITS, LOST SAVING OR
OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH
OR ARISING FROM USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION,
EVEN IF LICENSOR HAS BEEN ADVISED TO THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIBILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
GENERAL
You may not sub_license, assign or transfer
the license on the software except as expressly provided
in this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS
AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE
AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH
SUPERCEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN,
AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT
MATTER OF THIS AGREEMENT. YOU MAY NOT MODIFY THIS AGREEMENT
UNLESS LICENSOR AGREES (BY SIGNED WRITING) TO THE MODIFICATION.
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