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Individual Software Incorporated
Single User Software License Agreement
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND INDIVIDUAL SOFTWARE INCORPORATED (INDIVIDUAL SOFTWARE). PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE YOU CONTINUE. SELECTING "YES" BELOW CONSTITUTES YOUR ASSENT TO AND ACCEPTANCE OF THIS AGREEMENT.
1. Grant of License. Subject to the terms of this Agreement, Individual Software grants you, a single user, the non- exclusive nonsublicensable right to use the software included on this CD-ROM (SOFTWARE) only in accordance with the documentation provided by Individual Software. You may install and use one copy of the software on a single computer. You may make a second copy for your exclusive use on either a home or portable computer. You may not use it on more than one computer at the same time. As between you and Individual Software, Individual Software and its licensor retains title to and ownership of all copyrights, patent rights, trademark rights and other proprietary rights with respect to the SOFTWARE and all copies thereof.
2. Restrictions. You may not copy the SOFTWARE, except as required to use the SOFTWARE in accordance with this Agreement and except for one copy solely for back-up purposes. You may NOT (and shall not allow any third party to) (a) modify, or create a derivative work of the SOFTWARE, (b) rent, lease, or USE THE SOFTWARE IN A SERVICE BUSINESS OR FOR COMMERCIAL PURPOSES or transmit it over a network, or (c) reverse engineer, decompile, disassemble or otherwise attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the SOFTWARE.
3. Term. This Agreement will remain in effect unless it is terminated for a breach of its terms. Upon termination you will cease to use the SOFTWARE and destroy, or return to Individual Software, all written materials and copies of the SOFTWARE.
4. Limited Warranty and Disclaimer. Subject to the conditions and limitations on liability in this Agreement, Individual Software warrants that the media containing the SOFTWARE will be free from physical defects for a period of 120 days. The warranty covers only problems reported to Individual Software during the warranty period. ANY LIABILITY OF INDIVIDUALSOFTWARE AND ITS LICENSORS WITH RESPECT TO THE SOFTWARE UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, IF REPLACEMENT IS INADEQUATE AS A REMEDY OR, IN INDIVIDUAL SOFTWARE'S OPINION, IMPRACTICAL, TO REFUND OF THE LICENSE FEE. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Individual Software and its licensors are not responsible for and will have no liability for SOFTWARE that has been misused, abused, damaged in transport, altered, or subjected to unauthorized repair.
5. Limitation of Remedies and Damages. INDIVIDUAL SOFTWARE AND ITS LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR LOSS OR INACCURACY OF DATA, (B) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, OR (C) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL.
6. General. This is the entire agreement regarding the SOFTWARE and it may be amended only by a writing executed by you and Individual Software. If any provision of this Agreement is found to be unenforceable or invalid, the balance of this Agreement shall remain enforceable according to its terms. This Agreement shall be governed by the laws of the State of California and the United States without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The prevailing party in any action to enforce this Agreement shall be entitled to recover costs and expenses, including attorneys' fees. The SOFTWARE shall not be exported from the country where it was purchased except in compliance with all applicable export laws and regulations. ©2015 Individual Software Inc. All rights reserved. Use, duplication or disclosure by the U.S. Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor is Individual Software, Inc., 2301 Armstrong Street, Suite 101, Livermore, CA 94551, (925) 734-6767.
Single User Software License Agreement
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND INDIVIDUAL SOFTWARE INCORPORATED (INDIVIDUAL SOFTWARE). PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE YOU CONTINUE. SELECTING "YES" BELOW CONSTITUTES YOUR ASSENT TO AND ACCEPTANCE OF THIS AGREEMENT.
1. Grant of License. Subject to the terms of this Agreement, Individual Software grants you, a single user, the non- exclusive nonsublicensable right to use the software included on this CD-ROM (SOFTWARE) only in accordance with the documentation provided by Individual Software. You may install and use one copy of the software on a single computer. You may make a second copy for your exclusive use on either a home or portable computer. You may not use it on more than one computer at the same time. As between you and Individual Software, Individual Software and its licensor retains title to and ownership of all copyrights, patent rights, trademark rights and other proprietary rights with respect to the SOFTWARE and all copies thereof.
2. Restrictions. You may not copy the SOFTWARE, except as required to use the SOFTWARE in accordance with this Agreement and except for one copy solely for back-up purposes. You may NOT (and shall not allow any third party to) (a) modify, or create a derivative work of the SOFTWARE, (b) rent, lease, or USE THE SOFTWARE IN A SERVICE BUSINESS OR FOR COMMERCIAL PURPOSES or transmit it over a network, or (c) reverse engineer, decompile, disassemble or otherwise attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the SOFTWARE.
3. Term. This Agreement will remain in effect unless it is terminated for a breach of its terms. Upon termination you will cease to use the SOFTWARE and destroy, or return to Individual Software, all written materials and copies of the SOFTWARE.
4. Limited Warranty and Disclaimer. Subject to the conditions and limitations on liability in this Agreement, Individual Software warrants that the media containing the SOFTWARE will be free from physical defects for a period of 120 days. The warranty covers only problems reported to Individual Software during the warranty period. ANY LIABILITY OF INDIVIDUALSOFTWARE AND ITS LICENSORS WITH RESPECT TO THE SOFTWARE UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, IF REPLACEMENT IS INADEQUATE AS A REMEDY OR, IN INDIVIDUAL SOFTWARE'S OPINION, IMPRACTICAL, TO REFUND OF THE LICENSE FEE. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Individual Software and its licensors are not responsible for and will have no liability for SOFTWARE that has been misused, abused, damaged in transport, altered, or subjected to unauthorized repair.
5. Limitation of Remedies and Damages. INDIVIDUAL SOFTWARE AND ITS LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR LOSS OR INACCURACY OF DATA, (B) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, OR (C) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL.
6. General. This is the entire agreement regarding the SOFTWARE and it may be amended only by a writing executed by you and Individual Software. If any provision of this Agreement is found to be unenforceable or invalid, the balance of this Agreement shall remain enforceable according to its terms. This Agreement shall be governed by the laws of the State of California and the United States without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The prevailing party in any action to enforce this Agreement shall be entitled to recover costs and expenses, including attorneys' fees. The SOFTWARE shall not be exported from the country where it was purchased except in compliance with all applicable export laws and regulations. ©2015 Individual Software Inc. All rights reserved. Use, duplication or disclosure by the U.S. Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor is Individual Software, Inc., 2301 Armstrong Street, Suite 101, Livermore, CA 94551, (925) 734-6767.