Software License Agreement

PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING THIS SOFTWARE.  BY INSTALLING THIS SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE.  IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL THIS SOFTWARE AND PROMPTLY RETURN IT TO THE PLACE WHERE YOU OBTAINED IT FOR A FULL REFUND.
GRANT OF LICENSE. This PCS/AUTHORIZED RESELLER License agreement (“License”) permits you to use one copy of the specified version of PCS/Authorized Reseller software (“SOFTWARE”) on any single host computer, provided the SOFTWARE is in use on only one host computer at any time. If you have multiple Licenses for the SOFTWARE, then at any time you may have as many copies of the SOFTWARE in use as you have Licenses. The SOFTWARE is “in use” on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that host computer.
COPYRIGHT. The SOFTWARE is licensed, not sold. The SOFTWARE is owned by PCS/AUTHORIZED RESELLER or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., 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.
OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but you may transfer your rights under this PCS/AUTHORIZED RESELLER License Agreement on a permanent basis provided you transfer the License Agreement, the SOFTWARE, and all accompanying written materials and retain no copies, and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile, disassemble, or otherwise derive Source Code from the SOFTWARE. Any transfer of the SOFTWARE must include the most recent update and all prior versions.
DUAL MEDIA SOFTWARE. If the SOFTWARE package contains both 3.5 inch disks and CD-ROM, then you may use only the media appropriate for your single designated computer. You may not use the other media on another computer or computer network, or loan, rent, lease, or transfer the other media to another user except as part of a transfer or other use as expressly permitted by this PCS/AUTHORIZED RESELLER License Agreement.
TERMINATION. This license is effective until terminated. This License will terminate immediately without notice from PCS/AUTHORIZED RESELLER or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the Software, all accompanying written materials and all copies thereof, and Sections 7, 8 and 9 will survive any termination.
EXPORT LAW ASSURANCES. You agree that neither the SOFTWARE nor any direct product thereof is being or will be shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder or will be used for any purpose prohibited by the Act.
LIMITED WARRANTY. PCS/AUTHORIZED RESELLER warrants for a period of ninety (90) days from your date of purchase that (i) the disk(s) on which the SOFTWARE is recorded will be free from defects in materials and workmanship under normal use, and (ii) the SOFTWARE as provided by PCS/AUTHORIZED RESELLER will substantially conform to PCS/AUTHORIZED RESELLER’s published specifications for the SOFTWARE. PCS/AUTHORIZED RESELLER’s entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at PCS/AUTHORIZED RESELLER’s option, replacement of the disk(s), refund of the purchase price or repair or replacement of the SOFTWARE.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY PCS/AUTHORIZED RESELLER, AND PCS/AUTHORIZED RESELLER AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS.
LIMITATION OF REMEDIES AND DAMAGES. In no event will PCS/AUTHORIZED RESELLER or subsidiaries or any of the licensors, director officers, employees or affiliates of any of the foregoing be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information and like), whether foreseeable or unforeseeable, arising out of the use of or inability to use the SOFTWARE or accompanying written materials, regardless of the basis of the claim and even if PCS/AUTHORIZED RESELLER or a PCS/AUTHORIZED RESELLER representative has been advised of the possibility of such damage. PCS/AUTHORIZED RESELLER’s liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited to the greater of $500 or the money paid for the SOFTWARE that caused the damages.
GENERAL. This License will be construed under the laws of the State of California, except for that body of law dealing with conflicts of law. If any provision of this License shall be held by a court of competent jurisdiction to contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this License will remain in full force and effect.