1.
GRANT OF LICENSE.
CompuBridge,
Inc grants you the right to use one copy of the enclosed CompuBridge,
Inc software program, which includes computer software and may include
associated media, printed materials, and "online" or electronic
documentation (the "Software") on a single terminal connected
to a single computer (that is, with a single CPU). You may not network
the Software or otherwise use it on more than one computer terminal
at the same time.
2.
COPYRIGHT.
The
Software is owned by CompuBridge, Inc and is protected by United States
copyright laws and international treaty provisions. You must therefore
treat the Software like any other copyrighted material (for example,
a book or musical recording) except that you may either (a) make one
copy of the Software solely for backup or archival purposes, or (b)
transfer the Software to a single hard disk provided you keep the original
solely for backup or archival purposes. You may not copy the written
materials accompanying the Software.
3.
TERM OF LICENSE.
The
license will continue until you physically destroy all copies of the
Software and merged portions thereof, and return the original program
media and documentation to CompuBridge, Inc.
4.
OTHER RESTRICTIONS.
You
may not rent or lease the Software, but you may transfer the Software
and accompanying written materials on a permanent basis provided you
retain no copies and the recipient agrees to the terms of this Agreement.
You may not reverse engineer, decompile, or disassemble the Software.
If the Software is an update, any transfer must include the update and
all prior versions.
5.
ENHANCEMENTS AND UPDATES.
From
time to time, at its sole discretion, CompuBridge, Inc may provide enhancements,
updates, or new versions of the Software on its then standard terms
and conditions thereof. This Agreement shall apply to such enhancements.
6.
SOFTWARE MEDIA.
If
the Software package contains both 3 1/2" disks and a CD, then
you may use only the media appropriate for your single-user computer.
You may not use the other media on another computer or loan, rent, lease,
or transfer them to another user except as part of the permanent transfer
(as provided above) of all Software and written materials.
7.
DISTRIBUTION.
If
you are using the trial or evaluation version of this product, then
you may not distribute any of the files provided with the trial or evaluation
version. The control DLL's, OCX's, and/or VBX's distributed with the
retail product may be distributed by the user royalty free. Distribution
by the user of any designers or design-time assistants (EXE's or DLL's),
executables, source code, or license files (.LIC) distributed by CompuBridge,
Inc. as part of this product is prohibited. You shall not develop applications
that provide an application programmable interface to the Software or
the Software as modified. Redistribution by your users of CompuBridge,
Inc.'s DLL's, OCX's, and/or VBX's or your modified or wrapped version
of our OCX's without the appropriate redistribution license from CompuBridge,
Inc is prohibited.
LIMITED
WARRANTY. You assume all responsibility for the selection of the
Software as appropriate to achieve the results you intend. CompuBridge,
Inc. warrants that the enclosed diskette or compact disc medium upon
which the Software is recorded shall be free from defects in material
and workmanship under normal use and conditions, and that the Software
shall perform substantially as described in its documentation for a
period of ninety (90) days from purchase. EXCEPT FOR THE FOREGOING
LIMITED WARRANTY, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE.
CUSTOMER
REMEDIES. CompuBridge, Inc.'s entire liability and your exclusive
remedy shall be, at CompuBridge, Inc.'s option, either (a) return of
the price paid or (b) repair or replacement of the Software that does
not meet CompuBridge, Inc.'s Limited Warranty and which is returned
to CompuBridge, Inc. with a copy of your receipt. This Limited Warranty
is void if failure of the Software has resulted from accident, abuse,
or misapplication. Any replacement Software will be warranted for the
remainder of the original warranty period or thirty (30) days, whichever
is longer.
NO
LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall CompuBridge,
Inc. or its suppliers be liable for any damages whatsoever (including,
without limitation, damages for loss of business profits, business interruption,
loss of business information, or other pecuniary loss) arising out of
use of or inability to use this CompuBridge, Inc. product, even if CompuBridge,
Inc. or its dealer have been advised of the possibility of such damages.
Some states do not allow the exclusion or limitation of certain implied
warranties or the limitation of the foregoing warranty or the exclusion
or limitation of incidental or consequential damages, in which case
and to the extent such exclusion or limitation is not allowed some of
the foregoing limitations and exclusions may not apply to you.
U.S. GOVERNMENT RESTRICTED RIGHTS GENERAL PROVISION. You shall
have no right to sub-license any of the rights of this agreement, for
any reason. In the event of the breach by you of this Agreement, you
shall be liable for all damages to CompuBridge, Inc., and this Agreement
shall be terminated. If any provision of this Agreement shall be deemed
to be invalid, illegal, or unenforceable, the validity, legality, and
enforceability of the remaining portions of this Agreement shall not
be affected or impaired thereby. This Agreement constitutes the entire
agreement between the parties for the supply of the Software and its
associated documentation and supersedes all prior arrangements, agreements,
representations, and undertakings. This Agreement may not be changed
or modified except by a written instrument duly executed by each of
the parties hereto.
MISCELLANEOUS.
This Agreement shall be governed by and construed in accordance with
the laws of the State of North Carolina, without reference to conflict
of laws principles. You shall be responsible for the payment of all
taxes, duties, or levies that may now or hereafter be imposed by any
authority upon this Agreement for the supply, use, or maintenance of
the Software, and if any of the foregoing taxes, duties, or levies are
paid at any time by CompuBridge, Inc., you shall reimburse CompuBridge,
Inc. in full upon demand.
ACKNOWLEDGMENTS. You acknowledge that you have read this Agreement,
understand it, and agree to be bound by its terms and conditions.