PA-SOFTWARE GENERAL LICENSE AGREEMENT
IMPORTANT - PLEASE READ CAREFULLY:
This General License Agreement is a legal agreement between you (either an
individual or single entity) and Pa-software for the software product(s)
accompanying this General License Agreement, which include(s) computer software
and may include "online" or electronic documentation, associated
media, and printed materials (SOFTWARE PRODUCT). By installing, copying, or
otherwise using the SOFTWARE PRODUCT or any UPDATES (as defined below), you
agree to be bound by the terms of this General License Agreement. If you do not
agree to the terms of this General License Agreement, do not install, copy, or
otherwise use the SOFTWARE PRODUCT; you may, however, return it to your place
of purchase for a full refund (if applicable). In addition, by installing,
copying, or otherwise using any updates or other components of the SOFTWARE
PRODUCT that you receive separately as part of the SOFTWARE PRODUCT (UPDATES),
you agree to be bound by any additional license terms that accompany such
UPDATES. If you do not agree to the additional license terms that accompany
such UPDATES, you may not install, copy, or otherwise use such UPDATES.
SOFTWARE PRODUCT LICENSE:
The SOFTWARE PRODUCT is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The
SOFTWARE PRODUCT is licensed, not sold. NOTE: The terms of a printed, paper
General License Agreement which may accompany the SOFTWARE PRODUCT supersede
the terms of any on-screen General License Agreement found within the SOFTWARE
PRODUCT.
1. Grant of Single License
Pa-software grants you the right to use this copy of the SOFTWARE PRODUCT and accompanying
documentation in written or electronic form (the "SOFTWARE PRODUCT")
on a single computer (i.e. with a single CPU). You may not network the SOFTWARE
PRODUCT or otherwise use it on more than one computer or terminal at the same
time.
2. Grant of Multi User License Packs or Volume Site Licenses
Pa-software grants you the right to use this copy of the SOFTWARE PRODUCT
by more than one individual for personal or business use PROVIDED THAT You have
obtained from Pa-software a Multi User License Pack or signed the Volume License
Agreement which supplements this Agreement for the issue of single Site License
Number. The maximum permissible number of concurrent users shall be specified
by Pa-software in the License Pack or in the Supplement Volume License
Agreement at the time of issue of the License Number(s).
3. Copy Restrictions and Ownership of SOFTWARE PRODUCT
You own the media on which the program is recorded; Pa-software retains title to
the SOFTWARE PRODUCT including copies, regardless of form or media, and to all
copyrights therein. The SOFTWARE PRODUCT and accompanying materials are
copyrighted. You may either (a) transfer the SOFTWARE PRODUCT to a single hard
disk and retain the original SOFTWARE PRODUCT for back-up purposes, or (b) make
one copy of the SOFTWARE PRODUCT solely for backup or archival purposes.
4. Transfer Restrictions
You may transfer the SOFTWARE PRODUCT with a copy of this Agreement to another
party only on a permanent basis and only if the other party accepts the terms
and conditions of this Agreement. Upon such transfer, you must transfer all
accompanying written materials and either transfer or destroy all copies of the
SOFTWARE PRODUCT.
You may not lease, rent, sublicense, merge, reverse engineer, decompile or
disassemble the SOFTWARE PRODUCT.
5. Termination
This License is effective until terminated. The License will terminate automatically
without notice from Pa-software if you fail to comply with any provision of the
License. You may voluntarily terminate at any time. Upon termination, you agree
to destroy or purge all copies of the SOFTWARE PRODUCT and accompanying written
materials.
6. LIMITED WARRANTY
As its only warrant under this Agreement, Pa-software warrants the media, if any,
on which the SOFTWARE PRODUCT is provided to be free from defects in materials
under normal use for a period of 90 days from the date of the delivery to you
as evidenced by your purchase receipt.
EXCEPT AS EXPRESSLY WARRANTED IN THIS AGREEMENT, THE SOFTWARE PRODUCT IS PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THE PROGRAM IS WITH YOU. PA-SOFTWARE DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT THE
OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE OR THAT PROGRAM
DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC, LIMITED RIGHTS, YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM
JURISDICTION TO JURISDICTION.
7. LIMITATION OF LIABILITY
Pa-software's entire liability and your sole remedy under this License is, at Pa-software's
option, either (a) return of payment as evidenced by a copy of your purchase
receipt; or (b) replacement of media not meeting Pa-software's Limited
Warranty. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has
resulted due to accident, abuse, or misapplication. Any replacement SOFTWARE
PRODUCT will be warranted for the remainder of the original warranty period or
thirty (30) days, whichever is longer. Outside the United Kingdom, neither
these remedies nor any product support services offered by Pa-software are
available without proof of purchase from an authorised international source.
IN NO EVENT WILL PA-SOFTWARE OR ITS VENDORS BE LIABLE FOR ANY DIRECT,
CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS
PROFITS, INFORMATION, OR USE) EVEN IF PA-SOFTWARE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. PA-SOFTWARE IS ALSO NOT RESPONSIBLE FOR CLAIMS BY
A THIRD PARTY.
8. Governing Law
This Agreement is governed by the laws of the United Kingdom.
9. Export Law Assurances
You may not use or otherwise export or re-export the SOFTWARE PRODUCT except as
authorised by United Kingdom law and the laws of the jurisdiction in which the
SOFTWARE PRODUCT was obtained. By using the SOFTWARE PRODUCT, you represent and
warrant that you are not located in, under control of, or a national or
resident of any such country to which export is prohibited.
BETA VERSION ADDENDUM TO THE GENERAL LICENSE AGREEMENT
IF THIS PRODUCT IS IDENTIFIED AS A BETA VERSION, YOUR USE OF THIS PRODUCT IS
GOVERNED BY THE TERMS OF THE GENERAL LICENSE AGREEMENT AS MODIFIED BY THE TERMS
OF THIS BETA VERSION ADDENDUM TO THE GENERAL LICENSE AGREEMENT. IN THE EVENT OF
ANY CONFLICT BETWEEN THE TERMS OF THE GENERAL LICENSE AGREEMENT AND THIS BETA
VERSION ADDENDUM, THE TERMS OF THIS BETA VERSION ADDENDUM TO THE GENERAL
LICENSE AGREEMENT SHALL GOVERN.
IN THE EVENT THAT YOU ARE AN AUTHORISED PA-SOFTWARE BETA TEST SITE AND HAVE BEEN
AUTHORISED TO TEST A BETA VERSION PRODUCT THAT HAS NOT BEEN MADE PUBLICLY
AVAILABLE BY US, YOUR USE OF THE BETA VERSION PRODUCT SHALL BE GOVERNED BY THE
TERMS OF THE BETA TEST SITE LICENSE AGREEMENT ENTERED INTO BETWEEN PA-SOFTWARE
AND YOURSELF AND THE PROVISIONS SET OUT BELOW SHALL NOT APPLY.
LICENSE GRANT:
Pa-software grants to you a non-exclusive license to use the Product for evaluation and
trial purposes only for a limited time. This license does not entitle you to
hard-copy documentation, support or telephone assistance. While we intend to
distribute a commercial release of the Product, we reserve the right at any
time not to release a commercial release of the Product or, if released, to
alter prices, features, licensing terms, or other characteristics of the
commercial release.
TERMINATION:
The license granted under this Beta Addendum will terminate thirty (30) days
following Pa-software's release of a commercial release of the Product. The license
will terminate automatically if you fail to comply with the limitations
described herein. You must destroy all copies of the Product upon termination.
DISCLAIMER OF WARRANTIES:
USER ACKNOWLEDGES THAT THE PRODUCT IS A PRE-RELEASE PRODUCT AND IS PROVIDED ON AN
"AS IS" BASIS AND WITHOUT WARRANTY. THE PRODUCT MAY CONTAIN BUGS,
ERRORS AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES OR MAY NOT PERFORM
ALL FUNCTIONS FOR WHICH IT IS INTENDED OR REPRESENTED AND THE USE OF THE
PRODUCT IS ENTIRELY AT THE USER'S RISK. THIS DISCLAIMER IS IN LIEU OF ALL
WARRANTIES WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW OR
OTHERWISE, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
MERCHANTABLE QUALITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
Pa-software, UK
|