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Super ReadyPak License
1. Read This. READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT
CAREFULLY BEFORE OPENING THE CD-ROM PACKAGE. BY OPENING THE PACKAGE,
YOU ARE AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT
WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, PROMPTLY
RETURN THE UNOPENED PACKAGE, AND YOU WILL RECEIVE A FULL REFUND.
2. Materials Covered. This license covers the CD-ROM and all the
Software on it. The Software in this package comes from a variety of
sources. Some of it has copyright or licensing provisions which may
conflict with (and in general are less restrictive than) the provisions
of this license. WHERE THOSE PROVISIONS ARE LESS RESTRICTIVE THAN THIS
LICENSE, THE LESS RESTRICTIVE PROVISIONS APPLY. Detailed copyright and
license information for each package can be viewed from the main
documentation page.
3. License Grant. Ready-to-Run Software, Inc. ("Licensor") grants to
you, and you accept, a nonexclusive license to use the CD-ROM and
Software only as authorized in this License Agreement. The Software and
CD-ROM may be used only at a single computer which is owned, leased, or
otherwise controlled by you. You agree that you will not assign,
sublicense, transfer, pledge, lease, rent, or share your rights under
this License Agreement, except that you may transfer your entire rights
under this License Agreement provided that all media and documentation
are transferred with your rights, and the recipient agrees to be bound by
the terms of this License Agreement. You agree that you may not reverse
assemble, reverse compile, or otherwise translate the Software. The
license fees paid by you are paid in consideration of the licenses
granted under this License Agreement.
Upon loading the Software into your computer, you may retain the CD-ROM
for backup purposes. In addition, you may make one copy of the CD-ROM
for the purpose of backup in the event the original is damaged or
destroyed.
4. Licensor's Rights. You agree that the Software and the CD-ROM are
proprietary products of Licensor protected under U.S. copyright law.
You also agree that all right, title, and interest in and to them,
including associated intellectual property rights, remain with
Licensor. This License Agreement does not convey to you an interest in
or to the Software or CD-ROM, but only a limited right to use them
revocable in accordance with the terms of this License Agreement.
5. Term. This License Agreement is effective when you open the CD-ROM
package and continues until terminated. You may terminate this License
Agreement at any time by returning the Software, CD-ROM, and all copies
and extracts to Licensor. Licensor may terminate this License
Agreement upon the breach by you of any term. Upon such termination,
you agree to return to Licensor the Software, CD-ROM, and all copies
and extracts of them.
6. Limited Warranty. Licensor warrants, for your benefit alone, for a
period of 30 days from the date of commencement of this License
Agreement (referred to as the "Warranty Period") that the CD-ROM is
free from defects in material and workmanship. If during the Warranty
Period, a defect in the CD-ROM appears, you may return it to Licensor
for either replacement or, if so elected by Licensor, refund of amounts
paid by you under this License Agreement. You agree that the foregoing
constitutes your sole and exclusive remedy for breach by Licensor of
any warranties made under this Agreement.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE CD-ROM AND SOFTWARE ARE
LICENSED "AS IS", AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7. Remedies. Licensor's cumulative liability to you or any other
party for any loss or damages resulting from any claims arising out of
or relating to this Agreement shall be limited to the license fee paid
to Licensor. In no event shall Licensor be liable for any indirect,
incidental, consequential, special, or exemplary damages or lost
profits, even if Licensor has been advised of the possibility of such
damages. 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.
If any action is brought by either party to this License Agreement
against the other party regarding the subject matter of this License
Agreement, the prevailing party shall be entitled to recover, in
addition to any other relief granted, reasonable attorney fees and
expenses of litigation. This License Agreement shall be construed and
governed in accordance with the laws of the Commonwealth of
Massachusetts. Should any term of this License Agreement be declared
void or unenforceable by any court of competent jurisdiction, such
declaration shall have no effect on the remaining terms. The failure
of either party to enforce any rights granted by this Agreement or to
take any action against the other party in the event of any breach
shall not be deemed a waiver by that party as to subsequent anforcement
of rights or subsequent actions in the event of future breach.
THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE
SOFTWARE AND CD_ROM BETWEEN YOU AND THE LICENSOR, AND IT SUPERSEDES
ANY PRIOR PROPOSAL
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