NOTICE TO USER: THIS IS A CONTRACT. BY PROCEEDING WITH THE INSTALLATION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree with the terms and conditions of this Agreement, please return the entire software package with the blank registration card, to Digital Anarchy, Inc. ("Digital Anarchy") or the location where you obtained it.
This package contains software ("Software") and related explanatory written materials ("Documentation"). The term "Software" shall also include any upgrades, modified versions, updates, additions and copies of the Software licensed to you by Digital Anarchy. Digital Anarchy grants you a non-exclusive license to use the Software and Documentation provided that you agree to the following:
1. Use of the Software. You may install the Software in a single location on a single hard disk. You may make one backup copy of the Software, provided it is not installed on any other computer. The primary user of the computer on which the Software is installed or used may also install the Software on one home or portable computer. However, the Software may not be used on the secondary computer by another person at the same time the Software on the primary computer is being used.
2. Copyright. The Software is owned by Digital Anarchy and its structure, organization and code are the valuable trade secrets of Digital Anarchy. The Software is also protected by United States Copyright Law and International Treaty provisions. You must treat the Software just as you would any other copyrighted material, such as a book. You may not copy the Software, or Documentation, except as set forth in the "Use of the Software" section. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and proprietary notices that appear on or in the Software. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner's name. Trademarks can only be used to identify graphics output produced by the Software. Such use of any trademarks does not give you any rights of ownership in that trademark. Except as stated above, this agreement does not grant you any intellectual property rights in the Software.
3. Transfer. You may not rent, lease, sublicense or lend the Software, or Documentation. You may, however, transfer all your rights to use the Software to another person or legal entity provided that you transfer this Agreement, the Software, including all copies, updates, and prior versions, and all Documentation to such person or entity and that you retain no copies.
4. Multiple Environment Software. If this package contains, or, in connection with the acquisition of the Software contained in this package you receive, two or more operating environment versions (e.g., Macintosh® or Windows™), and/or otherwise you receive two or more copies of the Software, the total aggregate number of computers on which all versions of the Software are used may not exceed one except under the conditions stated above. You may make one back-up copy, in accordance with the terms of this Agreement, for each version of the Software you use. You may not rent, lease, sublicense, lend or transfer versions or copies of the Software you do not use, or Software contained on any unused media, except as part of the permanent transfer of all Software and Documentation as described above.
5. Limited Warranty. Digital Anarchy warrants to you that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following your receipt of the Software. To make a warranty claim, you must return the Software to the location where you obtained it, along with a copy of your sales receipt within such ninety (90) day period. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability and remedy shall be limited to either, at Digital Anarchy's option, the replacement of the Software or the refund of the license fee you paid for the Software. DIGITAL ANARCHY AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR DIGITAL ANARCHY'S OR ITS SUPPLIER'S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, DIGITAL ANARCHY AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL DIGITAL ANARCHY OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN DIGITAL ANARCHY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days. This warranty gives specific legal rights. You may have other rights which vary from state to state or jurisdiction to jurisdiction.
6. Governing Law and General Provisions. This Agreement will be governed by the laws in force in the state of California excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Digital Anarchy.
Digital Anarchy is a trademark of Digital Anarchy, Inc. which may be registered in certain jurisdictions. Macintosh is a registered trademark of Apple Computer, Inc. Windows is a trademark of Microsoft Corp.