End user agreement for CaptureMAX
PRODUCT LICENSE AGREEMENT
1. NOTICE: We are willing to license the software product titled CaptureMAX, referred to as 'software product' to you only on the condition that you accept all of the terms contained in this license agreement. Please read this license agreement carefully before using the software product. By using the software product you agree to be bound by the terms of this agreement. If you do not agree to these
terms, we are unwilling to license the software product to you, and you should not use it. In such case, promptly return the software product and all other material included.
2. OWNERSHIP AND LICENSE. This is a license agreement and NOT an agreement for sale. It permits you to use one copy of the Software product on a single machine. The software product, including any text, data, code, images, animations, and other materials incorporated in the software product, is owned by us or our licensors, and is protected by U.S. and international copyright laws. Your rights to use the software product are specified in this Agreement, and we retain all rights not expressly granted to you in this Agreement.
3. GRANT OF LICENSE: You may use one copy of the software product on a single machine. You may use the software product on a different machine only if you first delete the files installed on the first machine. Printing or downloading into an electronic file more than one copy of any of the contents of this software product is prohibited. Other than the foregoing, you may not copy any portion of the software product to any other media. You may not copy any of the documentation or other printed materials accompanying the software product. You may not alter the source code in any sense what so
ever. Default in payment or lease of license will result in the license being revoked.
4. No Assignment and Other Restrictions. You may not rent, lend, or lease this software product The License granted to you or your company, and under no circumstances may be assigned or transferred by you without our prior written consent. Any attempted assignment or transfer shall be null and void and shall result in the immediate
and automatic termination of the license granted under this license agreement.
5 LIMITED WARRANTY. We make the following limited warranties, for a period of thirty (30) days from the date of purchase from us or our authorized dealer:
(a) Media. The disks containing the software product will be free from defects in materials and workmanship under normal use. If the disk fails to conform to this warranty, you may, as your sole and exclusive remedy, obtain a replacement free of charge if you return the defective disk to us with a dated proof of purchase. (b) Software Product. The software product in this package will materially conform to the documentation that accompanies it. If the software product fails to operate in accordance with this warranty, you may, as your sole and exclusive remedy, return the software product and the documentation to TNL Total Solutions along with a
dated proof of purchase specifying the problem and we will provide you with a new disk containing the software product or a full refund at our election
(c) WARRANTY DISCLAIMER: We do not warrant that the software product will meet your requirements or that its operation will be uninterrupted or error-free. We exclude and expressly disclaim all express and implied warranties not stated herein, including the implied warranties of merchantability and fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This limited warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state.
6. LIMITATION OF LIABILITY: Our liability to you for any losses shall be limited to direct damages, and shall not exceed the amount you originally paid for the
software product. In no event will we be liable to you for any indirect, special, incidental, or consequential damages (including loss of profits) even if we have been advised of the possibility of such damages. Some jurisdictions do not allow these limitations or exclusions, so they may not apply to you.
7. United States Government Restricted Rights. The software product and documentation are provided with restricted rights. Use, duplication, or disclosure by the U.S. Government or any agency or Instrumentally thereof is subject to restriction as set
forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Multimedia Product clause at 48 C.F.R. 252.227-7013.
8. TERMINATION. This license and your right to use this Multimedia Product automatically terminate if you fail to comply with any provisions of this Agreement, destroy the copy of the software product in your possession, or voluntarily return the software product to us. Upon termination you will destroy all copies of the software product and documentation.
9 MISCELLANEOUS PROVISIONS. This Agreement will be governed by and construed in accordance with the substantive laws of Ohio. This is the entire Agreement between us relating to the software product, and supersedes any prior purchase order,
communications, advertising, or representations concerning the contents of this package. No change or modification of this Agreement will be valid unless it is in writing, and is signed by us. If you have any questions about this Agreement, write to us at TNL
Total Solutions, P.O. Box 22441, Eugene, OR 97402