End User License Agreement 







NOTICE: COMPANY LICENSES (NOT SELLS) THE ENCLOSED SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THE LICENSE AGREEMENT. PLEASE READ THE TERMS CAREFULLY BEFORE OPENING THE PACKAGE, AS OPENING THE PACKAGE WILL INDICATE YOUR ASSENT TO THEM.







1.  Definition. "Company" will mean the supplier of the software enclosed herein.



2.  The enclosed software program, including any images, photographs, animation, video, audio, music and text incorporated into the Software (collectively in this Agreement "Software") is the property of Company or its licensors and is protected by copyright laws and international treaty provisions and all other applicable national laws. . While Company continues to own the Software, they grant you the non-exclusive right to install and use the Software under the following terms and conditions. You will not use, copy, modify, rent, or sell or transfer the Software or any portion thereof except as provided in this Agreement.. Your rights and obligations with respect to the use of this Software are as follows:



You may:



(a)  Install and use the Software only on a single PC system.



(b)  Copy the Software solely for backup or archival purposes.



You may not:



(a)  use the Software or related materials other than as provided in this Agreement.



(b)  make or allow others to make copies of the Software except for making one (1) backup copy of the Software Products which will also be subject to this Agreement (YOU must reproduce on the backup copy all copyright notices or other proprietary legends that are on the original copy of the Software provided to you.),



(c)  reverse engineer, decompile, disassemble, translate or create derivative works based upon the Software,



(d)  merge the Software with any other program or modify the Software except solely for YOUR personal use (YOU must reproduce on such merged or modified Software  all copyright notices or other proprietary legends that on the original copy of the Software provided to you),



(e)  remove or alter in any way the copyright notices or other proprietary legends that are on the Software or related materials as delivered to YOU, or



(f)  sublicense or otherwise make the Software available to third parties except that you may, after written notification to Company, transfer all (but no lesser portion) of the Software to a third party so long as you do not retain any copies of the Software and such third party accepts the terms of this agreement.







Limited Warranty



Company warrants that the media on which the Software is distributed will be free from defects in materials and workmanship for a period of sixty (60) days from the date of delivery of the Software to you. In the event of defective media, as YOUR exclusive remedy and the sale liability of Company, Company will replace the defective media at no charge to YOU if YOU return the defective media postage prepaid within the warranty period to the supplier of the Software. EXCEPT FOR THIS MEDIA WARRANTY, THE SOFTWARE IS PROVIDED "AS IS’ AND COMPANY  DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED  TO ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR  ANY WARRANTY ARISING OUT OF ANY PROPOSAL, SPECIFICATION OR SAMPLE. COMPANY DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS. This 60 day media warranty gives you specific legal rights, and you may have other or additional legal rights that vary from state to state as some states may not allow exclusion of implied warranties. 







Limitation of Liability



Company and its licensors shall not be held to any liability for any damages suffered or incurred by you, including but not  limited to general, incidental, special or consequential damages, arising from or in connection with the delivery, use or performance of the software. In no event shall Company or its licensors be liable for any loss of profits, loss of business or goodwill, lose of use or of data, interruption of business or for any incidental, special or consequential damages of any kind, whether in an action in contract or tort or under a warranty, arising out of or under this agreement, even if Company has been advised of the possibility of such loss.







Title



YOU agree that the Software and any related intellectual property rights are the property of Company or its licensors and that YOU do not have or shall not gain any proprietary interest in the Software (including any modifications or copies made by or for YOU) or any related intellectual property rights. Title and related rights in the content accessed through the software is the property of the applicable content owner and may be protected by applicable law. This license gives you no rights to such contents.







Miscellaneous



This agreement shall terminate immediately and without notice if YOU fail to comply with any of the terms of this Agreement in which case YOU agree to destroy or return to Company all copies of the Software and documentation accompanying the Software. Company and its licensors reserve  the right to have audits conducted to verify your compliance with this Agreement.