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1) Grant Of Limited License; Software Use Restrictions:
In consideration for your acceptance of the terms and conditions
of this Agreement, Microcomputer Resources, Inc. grants you a personal, non-
transferable and non-exclusive right to use and execute the
Software, without right to sublicense the software. You agree
that you will not modify, reverse engineer, de-compile or
disassemble any portion of the Software.
2) Copying Restrictions:
In order to effect your license rights hereunder, you may copy
the Software by installing it onto a hard disk drive or into the
CPU memory of a single personal computer and you may otherwise
make full or partial copies only as necessary for backup or
archival purposes, but only if you place on and in each such copy
the same proprietary and copyright notices and legends as
originally included by Microcomputer Resources, Inc.
3) Ownership of Software:
You agree and acknowledge that Microcomputer Resources, Inc. transfers no
ownership interest in any copy of the Software or in any
intellectual property rights in the Software to you or anyone
else under this Agreement or otherwise, and that Microcomputer Resources, Inc.
and its licensors reserve all rights not expressly granted to you
hereunder.
4) Transfer Restrictions:
This license is personal to you. You may not transfer the
Software and/or assign this License to any third party. If you
attempt to transfer or assign this License, such transfer or
assignment will be void and without effect.
5) Term; Termination:
The term of this Agreement shall commence when you electronically
download or receive the Software from Microcomputer Resources, Inc. by E-Mail or
alternative means, and shall continue thereafter. If you fail to
fulfill any of your material obligations under this Agreement,
Microcomputer Resources, Inc. and/or its licensors may pursue all available
legal remedies to enforce this Agreement, and Microcomputer Resources, Inc.
may, in addition to any other remedies to which it may otherwise
be entitled, terminate this Agreement and all licenses and rights
granted to you under this Agreement. You agree that Microcomputer Resources, Inc. licensors referenced in the Software are third-party
beneficiaries of this Agreement, and may enforce this Agreement
as it relates to their intellectual property. You further agree
that, if Microcomputer Resources, Inc. terminates this Agreement for your
default, you will, within thirty (30) days after any such
termination, deliver to Microcomputer Resources, Inc. or render unusable all
Software originally provided to you hereunder and any copies
thereof embodied in any medium.
6) Governing Law:
This Agreement shall be governed by and interpreted in accordance
with the laws of the State of Oregon, USA.
7) Disclaimer Of Software Warranty:
Microcomputer Resources, Inc. provides the Software to you "as is" and without
warranty of any kind, expressed, statutory, implied or otherwise,
including without limitation any warranty of merchantability,
fitness for a particular purpose or non-infringement. No oral or
written information or advice given to you by any Microcomputer Resources, Inc.
employee, representative or distributor will create a warranty
for the Software, and you may not rely on any such information or
advice.
8) Limitation Of Liability:
In no event shall Microcomputer Resources, Inc. or its licensors be liable to
you for any special, consequential, incidental or indirect
damages of any kind, including without limitation the cost of
cover, damages arising from loss of data, use profits or
goodwill, or property damage, whether or not Microcomputer Resources, Inc. has
been advised of the possibility of such loss, however caused and
on any theory of liability arising out of this Agreement. These
limitations shall apply notwithstanding the failure of essential
purpose of any limited remedy.
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©2002 Microcomputer Resources Inc.
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