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» version 1.0 - posted on 2003-12-01
EULA - End User License Agreement
CaptureWorks, Inc. End-User License Agreement
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING YOUR NEW
CaptureWorks SOFTWARE. THIS AGREEMENT LICENSES THE ENCLOSED SOFTWARE TO
YOU AND CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY INSTALLING THIS
SOFTWARE ON YOUR COMPUTER OR NETWORK YOU ARE CONFIRMING YOUR ACCEPTANCE
OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THE
AGREEMENT. IF YOU DO NOT WISH TO DO SO, DO NOT INSTALL IT. PROMPTLY
RETURN THE PACKAGE, WITH ALL IT窶儡 CONTENTS TO THE PLACE WHERE YOU
OBTAINED IT, FOR A FULL REFUND.
(a) "CaptureWorks Software" means the software program included in the
enclosed package, and all related updates supplied by CaptureWorks.
(b) "CaptureWorks Product" means the CaptureWorks Software and the
related documentation, original graphics and models and all related
updates supplied by CaptureWorks.
This Agreement allows you to:
(a) Use the CaptureWorks Software on only the number of Computers for
which you have legally purchased licenses.
(b) Make a copy of the CaptureWorks Software in machine-readable form
solely for backup purposes. You must reproduce on any such copy all
copyright notices and any other proprietary legends on the original copy
of the CaptureWorks Software.
(c) Certain CaptureWorks Software is licensed with additional rights as
set forth in the Supplementary Rights Addendum that may be included in
the package for this CaptureWorks Product.
3. Supplementary License.
Certain rights are not granted under this Agreement, but may be
available under a separate agreement. If you would like to enter into a
Site or Network License, please contact CaptureWorks.
You may not make or distribute copies of the CaptureWorks Product or
electronically transfer the CaptureWorks Software from one computer to
another or over a network. You may not decompile, reverse engineer,
disassemble, or otherwise reduce the CaptureWorks Software to a
human-perceivable form. You may not modify, rent, resell for profit,
distribute or create derivative works based upon the CaptureWorks
Software or any part thereof. You will not export or reexport, directly
or indirectly, the CaptureWorks Product into any country prohibited by
the United States Export Administration Act and the regulations thereunder. 5. Ownership. The foregoing license gives you limited rights to use the CaptureWorks
Software. Although you own the disk on which the CaptureWorks Software
is recorded, you do not become the owner of, and CaptureWorks retains
the title to, the CaptureWorks Product, and all copies thereof. All
rights not specifically granted in this Agreement, including Federal and
International Copyrights, are reserved by CaptureWorks.
6. Limited Warranties.
(a) CaptureWorks warrants that, for a period of ninety (90) days from
the date of delivery (as evidenced by a copy of your receipt): (i) when
used with a recommended hardware configuration, the CaptureWorks
Software will perform in substantial conformance with the documentation
supplied as part of the CaptureWorks Product; and (ii) that the media on
which the CaptureWorks Software is furnished will be free from defects
in material and workmanship under normal use. EXCEPT AS SET FORTH IN THE
FOREGOING LIMITED WARRANTY, CaptureWorks, INC. DISCLAIMS ALL OTHER
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE
CaptureWorks PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO
NINETY (90) DAYS FROM THE DATE OF DELIVERY. No oral or written
information or advice given by CaptureWorks, its dealers, distributors,
agents or employees shall create a warranty or in any way increase the
scope of this warranty. (b) SOME STATES DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU THE SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER
LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
7. Exclusive Remedy.
Your exclusive remedy under Section 6 is to return the CaptureWorks
Software to the place you acquired it, with a copy of your receipt and a
description of the problem. CaptureWorks will use reasonable commercial
efforts to supply you with a replacement copy of the CaptureWorks
Software that substantially conforms to the documentation, provide a
replacement for the defective media, or refund to you your purchase
price for the CaptureWorks Software, at its option. CaptureWorks shall
have no responsibility with respect to CaptureWorks Software that has
been altered in any way, if the media has been damaged by accident,
abuse or misapplication, or if the nonconformance arises out of use of
the CaptureWorks Software in conjunction with software not supplied by
8. Limitations of Damages.
(a) CaptureWorks, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE) PRODUCT LIABILITY OR OTHERWISE,
EVEN IF CaptureWorks, INC. OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS
FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) CaptureWorks窶冱 total liability to you for actual damages for any
cause whatsoever will be limited to the greater of $500 or the amount
paid by you for the CaptureWorks Software that caused such damages.
(c) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
9. Basis of Bargain.
The limited warranty, exclusive remedies and limited liability set forth
above are fundamental elements of the basis of the bargain between
CaptureWorks and you. CaptureWorks would not be able to provide the
CaptureWorks Software on an economic basis without such limitations. 10. Government End Users. The CaptureWorks Product is "Restricted Computer Software"窶t RESEARCH RIGHTS LEGEND Use duplication, or disclosure by the 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.
Manufacturer: CaptureWorks, Inc., 161 Maplewood, Ave., Maplewood, NJ 07040. 11. General. This Agreement shall be governed by the internal laws of the State of
New York. This Agreement contains the complete agreement between the
parties with respect to the subject matter hereof, and supersedes all
prior or contemporaneous agreements or understandings, whether oral or
written. All questions concerning this Agreement shall be directed to:
CaptureWorks, Inc., 161 Maplewood, Ave., Maplewood, NJ 07040. CWL.2002