SOFTWARE END USER LICENSE AGREEMENT
This End User License Agreement (this "Agreement") governs the terms and conditions of the Licensee's access and use of the Software, and is made between the Licensee ("you") and Penzar Development, PO Box 900847, Palmdale, CA 93590, USA. By clicking the "I accept the Agreement" option and/or by using the Software, you confirm your acceptance of, and agree to be bound by, this Agreement. This agreement is enforceable against you and any legal entity that obtained the Software and on whose behalf it is used. If you do not agree to this Agreement or if you do not understand it, do not install or use the Software.
"Software" means (a) (i) all of the contents of the files (provided either by electronic download, on physical media or any other method of distribution), CD-ROM(s) or other media with which this agreement is provided; (ii) product serial number shown on purchase documents and/or product packaging; and (iii) related explanatory written materials or files ("Documentation"); (b) product serial number assigned to Licensee by Penzar Development; and (c) upgrades, updates, additions to, and copies of the foregoing, if any, provided to you by Penzar Development or an authorized licensee, for example, downloaded software updates (collectively, "Updates").
"Individual End User" means one natural person, not an organization or entity within an organization.
2. LICENSE: If you obtained the Software from Penzar Development or one of its authorized distributors, and subject to your compliance with the terms of this agreement, Penzar Development grants to you a non- exclusive license to use the Software. License applies only to Software with product serial number shown on purchase documents and/or product packaging. Subject to the terms of this agreement, you may install and use a copy of the Software on one compatible computer. The Software may not be shared, installed or used concurrently on different computers. As an exception, you can install the Software on one secondary computer of the same platform at home or on a portable computer for use by a single individual end user. However, you may not run the Software simultaneously on both the primary and secondary computers. You may move the Software to another computer by removing or destroying the installed Software on one computer and installing the Software in another computer.
3. LICENSE RESTRICTIONS: The Software is proprietary to Penzar Development and its suppliers, and is licensed, not sold, to you notwithstanding any reference herein to "purchases." This Agreement only gives you the rights granted hereunder; Penzar Development reserves all other rights. Especially you may not:
(a) assign, resell, transfer or distribute the Software without the prior written consent of Penzar Development;
(b) loan, rent, lease, sublicense or otherwise make accessible (including offering the Software to third parties on an application service provider, web service or time sharing basis) the Software;
(c) disable, block or circumvent any licensing, rights management or control features of the Software;
(d) remove or modify any legal notices in the Software;
(e) modify, adapt, translate or create derivative works based upon the Software;
(f) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software;
(g) distribute any serial number and/or activation code (Key) you may obtain for this Software to others or install the Key on unauthorized machines.
4. ACTIVATION: To use the Software, you agree to comply with the license activation and verification procedure described in part in this section of the Agreement, and more fully on the License Activation page of the Software website. The activation technology may prevent your use of the Software if you do not follow the activation process. Activation service will be available for the active life of the Software product.
You are allowed four (4) new initial activations for each Software serial number provided to you. Thereafter, you are allowed a maximum of two new activations in any twelve months period. Penzar Development activation policy allows a reasonable number of re-activations on the same computer within a certain time period. Penzar Development may change activation and re-activation procedures and policies without prior notice.
5. USER REGISTRATION: User support, updates, re-activation and offline activation for the Software are only available to registered individual end users. No more than one concurrent registered user is allowed. Penzar Development may refuse registration of any user who cannot provide proof of right and/or authorization to use the Software.
6. BACKUP COPY: You may make one backup copy of the Software distribution media, provided your backup copy is not installed or used by others. It is your responsibility to keep a copy of the Software installation media and instructions, including serial number and activation codes, if any, in a safe place that is not accessible to other users for future use.
7. UPDATES: If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to use such Update. All Updates are provided to you on a license exchange basis. You agree that by using an Update you voluntarily terminate your right to use any previous version of the Software. As an exception, you may continue to use previous versions of the Software on your computer after you use the Update but only to assist you in the transition to the Update, provided that: (a) the Update and the previous versions are installed on the same computer; (b) the previous versions or copies thereof are not transferred to another party or computer; and (c) you acknowledge that any obligation Penzar Development may have to support the previous versions of the Software may be ended upon availability of the Update.
8. COPYRIGHT: The Software and Documentation are copyrighted. You may not copy the Software except for backup purposes and to load the program into the computer as part of executing the program. All other copies of the Software are in violation of this Agreement.
9. TERM: This license is effective until terminated. You may terminate it by destroying the program and documentation and all copies thereof. This license will also terminate if you fail to comply with any term or condition of this Agreement. You agree, upon such termination, to destroy all copies of the program and documentation.
10. LIMITED WARRANTY: THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY AS TO ITS PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS OF PERFORMANCE OF THIS PROGRAM IS ASSUMED BY YOU. THE USER IS ADVISED TO TEST THE PROGRAM THOROUGHLY BEFORE RELYING UPON IT. However, to the original licensee only, Penzar Development warrants the software distribution media on which the software is recorded to be free from defects in materials and faulty workmanship for a period of 90 days from the date of purchase. During the 90-day period, you may return defective software distribution media to Penzar Development for a replacement without charge.
THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, THAT IS MADE ON THIS SOFTWARE, PENZAR DEVELOPMENT SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MIGHT NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
YOU ARE SOLELY RESPONSIBLE FOR SELECTION, INSTALLATION AND LAUNCH OF THE SOFTWARE AND FOR BACKING UP YOUR DATA AND FILES, AND HEREBY RELEASE PENZAR DEVELOPMENT AND ITS SUPPLIERS FROM ANY LIABILITY OR DAMAGES DUE TO THE LOSS OF ANY SUCH DATA OR FILES.
11. GENERAL: This agreement shall be governed by the laws of the State of California. If any provision of this Agreement is or becomes ineffective or if there is an omission from this Agreement, this does not affect the legal validity of the remaining provisions. The ineffective provision will be replaced by an effective provision that is as close as possible in economic terms to the provision wanted by the parties. The same procedure applies in the case of an omission.
12. ACKNOWLEDGEMENT: You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. You also agree that this agreement is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreement, verbal and written, advertising, and any other communications between the parties relating to the subject matter of this Agreement.
Should you have any questions concerning this agreement, you may write to Penzar Development, PO Box 900847, Palmdale, CA 93590, USA.