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License and Warranty
SOFTWARE LICENSE AGREEMENT1. LICENSEimagine LAN, Inc. (the "Licensor") hereby grants to you a nonexclusive license to use one copy of the Software identified above on a single computer. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement. You agree that you may not reverse assemble, reverse compile, or otherwise translate the Software. No copies of the Software or any portions thereof may be made by you or any person under your authority. You acknowledge that the Software is a proprietary product of Licensor protected under U.S. copyright laws. 2. TERM This License Agreement is effective upon your opening of this packet and shall continue until terminated. You may terminate this License Agreement at any time by returning the Software and all copies thereof to Licensor. Licensor may terminate this License Agreement upon the breach by you of any term hereof. Upon such termination by Licensor, you agree to return to Licensor the Software and all copies and portions thereof. 3. LIMITED WARRANTY Licensor warrants for a period of 30 days from the date of commencement of this License Agreement (referred to as the "Warranty Period") that the diskette in which the Software is contained is free from defects in material and workmanship. If during the Warranty Period, a defect in the diskette appears, you may return the diskette to Licensor for either replacement or, if so elected by Licensor, refund of amounts paid by you under this License Agreement. You agree that the foregoing constitutes your sole and exclusive remedy for breach by Licensor of any warranties made under this Agreement. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE SOFTWARE, IS LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 4. LIMITATION OF LIABILITY Licensor's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to Licensor for the use of the Software. In no event shall Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Licensor has been advised of the possibility of such damages. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. This License Agreement is governed by the laws of the State of New Hampshire, U.S.A |
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