Aerotype Software License Agreement
The right to use this product is sold only on the condition that you, the Customer, agree to the following license. If you do not agree to the terms of the license, do Not open the disk package. Promptly return the unopened disk package and any other materials that are part of this Aerotype product together with a copy of your proof of payment, within 10 days for a full refund. By opening the accompanying sealed diskette package, you accept terms and conditions of this licensing agreement.
1. Grant of License In consideration of payment of the license fee, which is part of the price you paid for this Software Product, Aerotype grants you the right to use one (1) copy of the enclosed Software Product (the 'Software') on a single computer. If the Software is used on a network, one licensed copy of the Software may be used on up to five (5) network stations and one (1) printer. Aerotype reserves all rights not expressly granted by this license.
2. Ownership and Obligations The Software is property of Aerotype. When you purchased this product, you purchased the magnetic or other physical media on which the Software was originally or subsequently fixed or recorded, but Aerotype retains all title and ownership in the Software recorded on the original disk copy and all subsequent copies of the Software regardless of the form or media in or on which the original and other copies may exist. The license is not a sale of the original Software or any portion or copy of it. Except as stated above, this agreement does not grant you any rights to the intellectual property rights in the Software.
3. Other Restrictions The Software and accompanying materials are copyrighted, and are protected by United States copyright laws, and international agreements. You may not duplicate the software except for installation on one computer, and for archival (back-up) purposes, provided the archival copy bears the copyright notices contained on the original product. Unauthorized copying of the Software, even if modified, merged, or included with other software, or of the written materials is expressly forbidden.
4. Assignment You may assign your rights under this agreement to a third party who agrees to be bound by this agreement prior to the assignment, provided that you transfer all copies of the Software and related documents to the third party or destroy all copies not transferred. You may not assign your rights under this agreement or rent, loan, lease, distribute, or otherwise transfer the Software, except as set forth above. You agree that the Software will not be shipped, transferred, or exported into any country or used in any manner inconsistent with the laws of the United States.
5. Limited Warranty Aerotype warrants this product to be free of defects in material and workmanship when used in accordance with the documentation for a period of thirty (30) days from the date of purchase as evidenced by a copy of your receipt. If the Software fails to comply with this limited warrantee, Aerotype's entire liability is limited to replacement of the defective diskette(s). Aerotype shall have no liability for any failure of any diskette resulting from accident, abuse, or misapplication of the product. This remedy is not available outside the United States. Except for the above Limited Warranty, Aerotype makes no warranties, expressed or implied, as to merchantability, or fitness for a particular purpose.
6. Limit of Liability In no event will Aerotype be liable for any consequential or incidental damages resulting from the use of the Software, including without limitation, damages for lost profits or lost savings, business interruption, loss of business information, or for any claim by any party, even if an Aerotype representative has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This agreement will be governed by the laws of the State of California excluding the application of its conflicts of law rules.