Alsoft Software License

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY. BY USING THE SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.

1. License. The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (the "Alsoft Software") are licensed to you by Alsoft, Inc. ("Alsoft"). You own the media on which the Alsoft Software is recorded but Alsoft retains title to the Alsoft Software. The Alsoft Software in this package and any copies which this License authorizes you to make are subject to this License.

2. Permitted Uses and Restrictions. This License allows you to install and use the Alsoft Software on any computer owned by you for the purpose of performing its functions on any disk owned by you. This License does not allow the Alsoft Software to exist on more than one computer at a time. You may make one copy of the Alsoft Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the Alsoft Software in whole or part or transmit the Alsoft Software over a network or from one computer to another. THE ALSOFT SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS, OR AIR TRAFFIC CONTROL MACHINES IN WHICH CASE THE FAILURE OF THE ALSOFT SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Your rights under this License will terminate automatically without notice from Alsoft if you fail to comply with any term(s) of this License.

3. Limited Warranty on Media (if applicable). Alsoft warrants the media on which the Alsoft Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this paragraph shall be, at Alsoft's option, a refund of the purchase price of the product containing the Alsoft Software or replacement of the Alsoft Software which is returned to Alsoft or an Alsoft authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. ALSOFT SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

4. Disclaimer of Warranty on Alsoft Software. You expressly acknowledge and agree that use of the Alsoft Software is at your sole risk. The Alsoft Software is provided "AS IS" and without warranty of any kind and Alsoft EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. ALSOFT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ALSOFT SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE ALSOFT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ALSOFT SOFTWARE WILL BE CORRECTED. FURTHERMORE, ALSOFT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE ALSOFT SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ALSOFT SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE ALSOFT SOFTWARE PROVE DEFECTIVE, YOU (AND NOT ALSOFT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING ALSOFT PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ALSOFT'S NEGLIGENCE..

5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ALSOFT, OR ITS DEVELOPERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Alsoft's total liability to you for all damages exceed the amount of fifty dollars ($50.00).

6. Export Law Assurances. You may not use or otherwise export or reexport the Alsoft Software except as authorized by United States law and the laws of the jurisdiction in which the Alsoft Software was obtained. In particular, but without limitation, the Alsoft Software may not be exported or reexported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Alsoft Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

7. Government End Users. If the Alsoft Software is supplied to the United States Government, the Alsoft Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to the Alsoft Software are as provided in clause 52.227-19 of the FAR.

8. Controlling Law and Severability. If there is a local subsidiary of Alsoft in the country in which the Alsoft Software License was obtained, then the local law in which the subsidiary sits shall govern this License. Otherwise, this License shall be governed by the laws of the United States and the State of Texas. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

9. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Alsoft Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Alsoft.
 


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