End user agreement for Danica Patrick 2009 Calendar for Macintosh
Software License Agreement
This nFinity Software License Agreement ("License Agreement") accompanies the Software, which is owned or licensed by nFinity Inc. ( "nFinity").
REDISTRIBUTION NOT PERMITTED
This program and documentation (collectively, "software") is copyrighted and licensed (not sold). By downloading the copy of the software to your computer you are accepting and agreeing to the terms of this license agreement. If you are not willing to be bound by the terms of this license agreement, you should click 'Quit' and remove the software from your computer.
Grant of License: Subject to the terms of this License Agreement and the payment of the applicable license fees, nFinity hereby grants to you, and you accept, a non-exclusive, non-transferable right to: (a) install one copy of the Software in a single location on a hard disk or other storage device, and to execute such copy solely for your personal use and only as contemplated in the documentation accompanying the Software; and (b) store another copy of the Software in a single location on a hard disk or other storage device or medium solely for backup purposes. nFinity and its suppliers reserve any rights not expressly granted to you herein, including without limitation any rights in trademarks included with the Software, any rights in copies of the Software, and any other intellectual property rights in the Software.
Ownership of Software and Copies: You acknowledge and agree that (a) the Software is a proprietary product of nFinity and/or its suppliers protected under United States copyright law, patent law, trademark law, equivalent national laws of other jurisdictions, and/or related international treaty provisions; and (b) internal elements of the Software, including without limitation the structure, algorithms, and programming techniques are valuable trade secrets of nFinity and its suppliers.
Restrictions: Neither concurrent use of the Software, nor use of the Software across any network (including without limitation any Local Area Network, or the Internet), is permitted without separate authorization from nFinity, and the payment by you of other license fees. You shall not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software except to the extent such prohibition is contrary to law. You shall not modify, adapt, translate or create derivative works based on the Software except as necessary for you to operate the Software on a computer of your selection. You shall not rent, lease, sublicense, or otherwise distribute the Software or derivative works thereof, but you may transfer all your rights in the Software to another person or entity, provided that you transfer this License Agreement and all copies of the Software in your possession and such transferee agrees to be bound by the terms hereof.
Termination: This license is effective upon your download of the Software, and shall continue until terminated as hereinafter set forth. nFinity may terminate this license automatically and without notice to you, and require you to return or destroy the Software and all copies thereof, if you are in material breach of any term hereof. In any event, paragraph 2 - Ownership of Software and Copies, paragraph 3 - Restrictions, paragraph 5 - Disclaimer or Warranty, and paragraph 6 - No Liability for Consequential Damages, shall survive termination.
DISCLAIMER OF WARRANTY: THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. NFINITY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. NFINITY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES: NEITHER NFINITY NOR ANY OF ITS AGENTS OR SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES, OR ECONOMIC LOSSES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE), ARISING FROM THE SOFTWARE OR THIS LICENSE AGREEMENT, EVEN IF NFINITY OR SUCH AGENT OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR LOSSES AND WHETHER ANY SUCH DAMAGE AND/OR LOSS ARISES OUT OF CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. NFINITY' ENTIRE LIABILITY FOR ANY CLAIM FOR LOSS, DAMAGE OR EXPENSE FROM ANY CAUSE WHATSOEVER, WHETHER ARISING OUT OF CONTRACT (INCLUDING FUNDAMENTAL BREACH) TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO EVENT EXCEED THE PRICE PAID BY YOU UNDER THIS LICENSE AGREEMENT. IN SOME JURISDICTIONS YOU MAY HAVE ADDITIONAL RIGHTS IN WHICH CASE SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Governing Law: This License Agreement is governed by the laws of New York. This License Agreement shall not be governed by the United Nations convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You agree that the Software shall not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act, or any other export laws, restrictions or regulations.
Notice to United States Government End Users: You acknowledge that any Software furnished under this License Agreement is commercial computer software developed at private expense and is provided with RESTRICTED RIGHTS. Any use modification, reproduction, display, release, duplication or disclosure of this commercial computer software by the United States Government or its agencies is subject to the terms, conditions and restrictions of the License Agreement in accordance with the United States Federal Regulations at 48 C.F.R. Section 12.212 and Subsection 227.7202-3 or applicable subsequent regulations.
General: Should any term of this License Agreement be declared void or unenforceable, such term shall be deemed severable from the remaining terms but shall in no way otherwise affect the validity or enforceability of this License Agreement. This License Agreement represents the entire agreement between nFinity and you concerning the Software, and supercedes all prior understandings and agreements relating to the Software, whether oral or written. The failure of nFinity to enforce any of its rights granted hereunder or to take action against you in the event that you breach any term hereunder, shall not be deemed to be a waiver by nFinity as to subsequent enforcement of rights or subsequent actions in the event of future breaches by you.