Software License Agreement

 

****** ATTENTION: THIS IS A LICENSE, NOT A SALE. THIS PRODUCT IS PROVIDED UNDER THE FOLLOWING LEGAL LICENSE AGREEMENT WHICH DEFINES WHAT YOU MAY DO WITH THE PRODUCT, AND CONTAINS LIMITATIONS ON WARRANTIES AND OR REMEDIES.

*** LICENSE AGREEMENT ***

IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO ITS TERMS. IF YOU DO NOT AGREE, RETURN THE PRODUCT COMPLETE TO THE PLACE OF PURCHASE WITHIN 10 DAYS OF THE DATE YOU ACQUIRED IT. THIS LICENSE AGREEMENT IS YOUR PROOF OF LICENSE. PLEASE TREAT IT AS VALUABLE PROPERTY.

(A) LICENSE: E-mart.com provides you with storage or electronic media containing a computer program (the "Software", "Program"), use manual, license (the "License"), registration card and accompanying documents (together called the "Product") and grants you a license to use the Product in accordance with the terms of this License. The copyright and all other rights in the Products or its modifications, and merged portions thereof, are protected under U.S. copyright laws and international treaty provisions, shall remain with us or our suppliers. You must reproduce any copyright or other notice marked on the Product on all copies you make.

The Software is considered in use on a computer when it is loaded into temporary memory or installed into permanent memory.

Each purchased or permitted copy of the Software may be used on no more than one specific computer (either a stand-alone computer or a computer connected to a network) owned, leased by you. Once a copy of the Software has been used on a computer, it may not be used on any other computer, unless you have permanently stopped using (e.g., sold, destroyed, or relinquished possession of ) the computer on which the Software was first installed and have removed the Software from the original computer. If the Software is made available on a network (either intranet or internet), it may be accessed only by the number of CPU's for which you have purchased a license. Once the Software has been accessed by that number of CPU's, it may not be used on any additional CPU's without purchasing additional licenses.

PERSONAL LICENSE: This license is for personal use only. It may not be used for any commercial gain. You may use the Software only for your own personal use if you are an individual, or for your own internal business purposes, without any commercial gain, nor servicing other people or clients if you are a business.

MULTI-PC, MULTIPLE-MACHINE, OR SITE LICENSE: If you have purchased and are authorized to use this type of license, you may use it on the multiple machines up to the purchased number. In addition to any copies authorized for use under this license, you may make a single copy of the Software solely for backup purposes. All copies of the Software must include our copyright notice.

(B) YOU MAY: 1. use the Software only on a single computer, and only by a single user regardless of the number of original copies of the Software included with the Product. If you wish to use the Software for more users, you will need a further license for each other; 2. make one copy of the Software for archive or back-up purposes, and 3. if the product is an upgrade from another product, whether from us or another supplier, you may use or transfer the product only in conjunction with the upgrade product, unless you destroy it. If the product is an upgrade from an E-mart.com's product, you may only use that upgraded product in accordance with this license.

(C) YOU MAY NOT: 1. use the Product or make copies of it except as permitted in this License; 2. translate, reverse engineer, decompile or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law; 3. rent, lease, assign or transfer the Product except as set out above; or 4. modify the Software or merge all or any part the Software in another program.

(D) TERM: This License shall continue for as long as you use the Product. However, it will terminate if you fail to comply with any of its term of conditions. You agree, upon termination, to destroy all copies of the Product. The Limitation of Warranties and Liability set out below shall continue in force even after any termination.

(E) WARRANTY: We warrant that the storage media in this Product will be free from defects in materials and workmanship for 90 days from the date you acquire it. If such a defect occurs, return it to us at the address below and we will replace it free. This remedy is your exclusive remedy for breach of this warranty. It gives you certain rights and you may have other legislated rights which vary from jurisdiction to jurisdiction.

(F) LIMITATION OF WARRANTIES AND LIABILITY: Except for the express warranty above, the Product is provided on an "as is" basis, without any other warranties, or conditions, express or implied, including but not limited to warranties of merchantable quality, merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade or course of dealing. The entire risk as to the results and performance of the Product is assumed by you. Neither we nor our dealers or suppliers shall have any liability to you or any other person or entity for any direct, indirect, incidental, special or consequential damages whatsoever, including but not limited to loss of revenue or profit, lost or damaged data or other commercial or economic loss, even if we have been advised of the possibility of such damages or they are foreseeable; or for claims by a third party. Our maximum aggregate liability to you, and that of our dealers and suppliers shall not exceed the amount paid by you for the Product. The limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term, or a fundamental breach. Some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages so the above limitation may not apply to you.

(G) U.S. GOVERNMENT RESTRICTED RIGHTS: If the product is acquired by or for the U.S. Government then it is provided with Restricted Right. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19 or clause 18-52.227-86(d) of the NASA supplement to the FAR, as applicable.

(H) Export: Some portion of the Product may be subject to restrictions under U.S. regulations relating to exports and ultimate end uses of computer software. You agree to fully comply with all applicable U.S. laws and regulations, including but not limited to the Export Administration Act of 1979 as amended from time to time and any regulations promulgated thereunder.

(I) GENERAL: This License is the entire agreement between us, supersedes any other agreement or discussions, oral or written and may not be changed except by a written signed agreement. This License shall be governed by and constructed in accordance with the laws of the County of Middlesex, U.S.A. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from the License and the other provision shall remain in full force and effect. The parties have requested that this Agreement and all documents contemplated hereby be drawn up in English. Les parties aux presentes ont exige que cette entente et tous autres documents envisages par les presentes soient rediges en anglais.