ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE SOFTWARE LICENSE TERMS SET FORTH BELOW. USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE LICENSE TERMS. IF YOU DO NOT ACCEPT THESE LICENSE TERMS, YOU MAY RETURN THE SOFTWARE FOR A FULL REFUND. IF THE SOFTWARE IS BUNDLED WITH ANOTHER PRODUCT, YOU MAY RETURN THE ENTIRE UNUSED PRODUCT FOR A FULL REFUND.
Software License Agreement
License Grant. Sperry Software grants you a license to Use two copies of the Software. Use means storing, loading, installing, executing or displaying the Software. You may not modify the Software or disable any licensing or control features of the Software. You may use the copies on a desktop and a laptop or on two separate desktops provided it is the SAME USER.
Ownership. The Software is owned and copyrighted by Sperry Software or its third party suppliers. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software. Sperry Software’s third party suppliers may protect their rights in the event of any violation of these License Terms.
Copies and Adaptations. You may only make copies or adaptations of the Software for archival purposes or when copying or adaptation is an essential step in the authorized Use of the Software. You must reproduce all copyright notices in the original Software on all copies or adaptations. You may not copy the Software onto any bulletin board or similar system.
No Disassembly or Decryption. You may not disassemble or decompile the Software unless Sperry Software’s prior written consent is obtained. In some jurisdictions, Sperry Software’s consent may not be required for limited disassembly or decompilation. Upon request, you will provide Sperry Software with reasonably detailed information regarding any disassembly or decompilation. You may not decrypt the Software unless decryption is a necessary part of the operation of the Software.
Transfer. Your license will automatically terminate upon any transfer of the Software. Upon transfer, you must deliver the Software, including any copies and related documentation, to the transferee. The transferee must accept these License Terms as a condition to the transfer.
Termination. Sperry Software may terminate your license upon notice for failure to comply with any of these License Terms. Upon termination, you must immediately destroy the Software, together with all copies, adaptations and merged portions in any form.
Export Requirements. You may not export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations.
Limited Warranty. Sperry Software warrants only that the media upon which the Software is furnished will be free from defects in material or workmanship under normal use and service for a period of thirty (30) days from the date of delivery to you. SPERRY SOFTWARE DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES SPERRY SOFTWARE WILL PROVIDE FOR BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, SPERRY SOFTWARE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state.
Limitation of Liability. IN NO EVENT WILL SPERRY SOFTWARE BE LIABLE TO YOU FOR ANY SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF SPERRY SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some states do not allow the exclusion or limitation of special, incidental, or consequential damages, so the above limitation or exclusion may not apply to you.
Limitation of Remedies. Sperry Software’s entire liability and your exclusive remedy shall be: (a) the replacement of any media not meeting Sperry Software’s limited warranty which is returned to Sperry Software; or (b) if Sperry Software or its distributor is unable to deliver replacement media which is free of defects in materials or workmanship, you may terminate this Agreement by returning the Software and your money will be refunded.
General. You acknowledge that you have read this Agreement, understand it, and that by using the software you agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between Sperry Software and you which supersedes any proposal or prior agreement, oral or written, and any other communication between Sperry Software and you relating to the subject matter of this Agreement. No variation of the terms of this Agreement or any different terms will be enforceable against Sperry Software unless Sperry Software gives its express consent, including an express waiver of the terms of this Agreement, in a writing signed by an officer of Sperry Software. You assume full responsibility for the use of the Software and agree to use the Software legally and responsibly. This Agreement shall be governed by Florida law except as to copyright matters which are covered by Federal law. This Agreement is deemed entered into at Jacksonville, Florida by both parties. Should any provision of this Agreement be declared unenforceable in any jurisdiction, then such provision shall be deemed to be severable from this Agreement and shall not affect the remainder hereof. All rights in the Software not specifically granted in this Agreement are reserved by Sperry Software.
Should you have any questions concerning this Agreement, you may contact Sperry Software by writing to:
Sperry Software, Inc.
833 Pheasant Court
Jacksonville, Florida 32259