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Intusoft
License Agreement for United States, Canada and Mexico
IMPORTANT:
CAREFULLY READ THE LICENSE AGREEMENT AND WARRANTIES. BY INSTALLING AND
USING THIS SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF INTUSOFT'S LICENSE
AGREEMENT.
This Intusoft software
program (the "SOFTWARE") is protected both by the United States
copyright law and international copyright treaties.
EXPORT:
You may use this software (ICAP/4 Consumer) in the United States of America,
Mexico and Canada. You may not export the software to another country.
Should this software be exported in violation of this license, Intusoft
and its representatives will not honor requests for any technical support
or upgrades.
GENERAL:
This agreement is governed by the laws of the State of California. If
any provision of this agreement is found void or unenforceable, it will
not effect the validity of the balance of this agreement. All rights not
specifically granted in this license are reserved by Intusoft. This license
is the entire agreement between you and Intusoft, and you have not relied
on any statement by anyone in agreeing to it. No modification or waiver
of this agreement will be effective unless expressly in writing, and any
waiver will be strictly construed to the provision expressly waived. Should
you have any questions concerning this agreement please contact Intusoft
Customer Sales, 879 W. 190th St., Suite 100 Gardena, CA 90248-4223.
LIMITED WARRANTY:
Intusoft provides the following warranties to the original customer (end
user or entity) only:
1. Intusoft warrants the media on which this SOFTWARE is furnished and
the manuals describing the SOFTWARE operations to be free from defects
in materials and workmanship under normal use for a period of ninety (90)
days from the date of delivery to you as evidenced by a copy of your receipt.
2. EXCEPT FOR THE
EXPRESS WARRANTIES STATED ABOVE, THIS SOFTWARE IS SUPPLIED "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. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE SOFTWARE IS WITH YOU. NO ORAL, WRITTEN INFORMATION OR ADVICE GIVEN
BY INTUSOFT, ITS EMPLOYEES OR DEALERS SHALL INCREASE THE SCOPE OF THE
ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU
MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE
LIMITATIONS OF
REMEDIES:
Intusoft's entire liability and your exclusive remedy shall be
If Intusoft is unable
to deliver a replacement of the CD or manual that is free of defect in
materials and workmanship, you may terminate this agreement by returning
the media and all the accompanying materials for a full refund.
IN NO EVENT WILL INTUSOFT BE LIABLE TO YOU FOR ANY DAMAGES INCLUDING LOST
PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF SUCH USE OR INABILITY TO USE THE SOFTWARE EVEN IF INTUSOFT HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INTUSOFT LICENSE AGREEMENT:
This is a legal agreement between you, the end user and Intusoft. Please
read this license carefully. By installing this software you indicate
that you accept these terms.
GRANT OF LICENSE:
Intusoft grants you the right to use one copy of the enclosed software
on a single computer (or a single terminal connected to a single computer).
You may move the software from one computer to another, so long as ONLY
ONE PERSON AT A TIME can use the software. You may only install the software
on a network, if a special network license has been purchased.
TERMS:
You may terminate this license at any time by destroying the SOFTWARE
and manuals along with all modifications and merged portions in any form.
COPYRIGHT:
The SOFTWARE is owned by Intusoft or its suppliers and is protected by
the United States copyright law and international treaty provisions. You
may make a copy of the SOFTWARE only for backup and archival purposes
provided that you reproduce all copyright and other proprietary notices
provided on the original copy of the SOFTWARE. You may modify or merge
part of the SOFTWARE into another program for your use only. Any portion
merged into another program will continue to be subject to the terms and
conditions of this agreement. You may transfer the SOFTWARE and license
to another party if the other party agrees to accept the terms and conditions
of this agreement and you notify Intusoft in writing. If you transfer
the SOFTWARE, you must at the same time either transfer all copies whether
in printable or machine readable form to the same party or destroy any
copies not transferred: this includes all modifications and portions of
the SOFTWARE contained or merged into other software programs.
RESTRICTIONS:
You may not rent, lease or resell the SOFTWARE without Intusoft's expressed
written permission. You may not reverse engineer, de-compile, disassemble
or create derivative works from the SOFTWARE. You may not copy the written
materials accompanying the SOFTWARE.
GOVERNMENT LICENSEE:
If the SOFTWARE is acquired on behalf of the United States Government,
the government acknowledges Intusoft's representation that the SOFTWARE
and related documentation were developed at private expense and are not
in the public domain.
RESTRICTED RIGHTS LEGEND: The SOFTWARE and documentation are provided
with RESTRICTED RIGHTS. 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
or subparagraphs (c)(2) of the Commercial Computer Software - Restricted
Rights of 48 CFR 52227-19 as applicable. Manufacturer is Intusoft, 879
W. 190th St., Suite 100 Gardena, CA 90248-4223.
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