1. GRANT OF LICENSE. This License Agreement permits you to use one copy of the enclosed Companion Software, Inc. software program (the "SOFTWARE") on a single computer. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e., RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. However, installation on a network server for the sole purpose of internal distribution shall not constitute "use" for which a separate license is required, provided you have a separate license for each computer to which the SOFTWARE is distributed.
2. COPYRIGHT. The SOFTWARE is owned by Companion Software, Inc. or its suppliers and is protected by United States copyright law like any other copyrighted material (e.g., a book or musical recording) except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE.
3. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. You may not reverse engineer, de-compile, or disassemble the SOFTWARE. If the SOFTWARE is an update or has been updated, any transfer must include the most recent update and all prior versions.
4. DUAL MEDIA SOFTWARE. If the SOFTWARE package contains both 3.5" and CD-ROM, then you may use only the disks appropriate for your single-user computer. You may not use the other disks on another computer or loan, rent, lease, or transfer them to another user except as part of the permanent transfer (as provided above) of all SOFTWARE and written materials.
5. RUN-TIME MODULE LICENSE. Companion Software, Inc. grants you a royalty-free right to reproduce and distribute the run-time modules of the SOFTWARE provided that you: (a) distribute the run-time modules only in conjunction with and as a part of your software product that is designed to work in conjunction with Companion Software database product(s); (b) do not use Companion Software, Inc.'s name, logo, or trademarks to market your software product; (c) include a valid copyright notice on your software product; (d) agree to display, if required in the SOFTWARE documentation, the designated patent notices on the packaging and in the README file of your software product; and (e) agree to indemnify, hold harmless, and defend Companion Software, Inc. and its suppliers from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of your software product. The "run-time modules" are those files in the SOFTWARE that are identified in the accompanying written materials as required during execution of your software program. The run-time modules are limited to run-time files, installed files, and ISAM and REBUILD files.
6. EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (i(the SOFTWARE or related documentation and technical data or (ii) your software product as described in section 5 of this License (or any part thereof), or process or service that is the direct product of the SOFTWARE, to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.
LIMITED WARRANTY. Companion Software, Inc. warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any hardware accompanying the SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt. Any implied warranties on the SOFTWARE and hardware are limited to ninety (90) days and one (1) year, respectively. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
CUSTOMER REMEDIES. Companion Software, Inc.'s and its suppliers' entire liability and your exclusive remedy shall be, at Companion Software, Inc.'s' option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE or hardware that does not meet Companion Software, Inc.'s' Limited Warranty and that is returned to Companion Software, Inc. with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States , neither these remedies nor any product support services offered by Companion Software, Inc. are available without proof of purchase from an authorized non-U.S. source.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Companion Software, Inc. and its suppliers disclaim all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose with regard to the SOFTWARE, the accompanying written materials, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Companion Software, Inc. or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other
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