End user agreement for Name Maker LE
SOFWARE LICENSE AGREEMENT FOR NAME MAKER LE
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE DVANA SOFTWARE. BY USING THE DVANA SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE DVANA SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE DVANA SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE/DECLINE".
1. General. The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "Dvana Software") are licensed, not sold, to you by Dvana Computer, Inc. ("Dvana") for use only under the terms of this License, and Dvana reserves all rights not expressly granted to you. The rights granted herein are limited to Dvana's and its licensors' intellectual property rights in the Dvana Software and do not include any other patents or intellectual property rights. You own the media on which the Dvana Software is recorded but Dvana and/or Dvana's licensor(s) retain ownership of the Dvana Software itself. The rights granted under the terms of this License include any software upgrades that replace and/or supplement the original Dvana Software product, unless such upgrade contains a separate license.
2. Permitted License Uses and Restrictions. This License allows you to install and use two copies of the Dvana Software on a single desktop computer and a single laptop computer at the same time. You may make one additional copy of the Dvana Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Dvana Software or any part thereof.
THE DVANA SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE DVANA SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
3. Transfer. You may not rent, lease, lend or sublicense the Dvana Software. You may, however, make a one-time permanent transfer of all of your license rights to the Dvana Software to another party, provided that:
a) the transfer must include all of the Dvana Software, including all its component parts, original media, printed materials and this License;
b) you do not retain any copies of the Dvana Software, full or partial, including copies stored on a computer or other storage device; and
c) the party receiving the Dvana Software reads and agrees to accept the terms and conditions of this License.
Not For Resale Copies: Notwithstanding other sections of this License, Dvana Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.
4. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Dvana if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Dvana Software and destroy all copies, full or partial, of the Dvana Software, including backup copies.
5. Limited Warranty on Media. Dvana warrants the media on which the Dvana Software is recorded and delivered by Dvana to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at Dvana’s option, a refund of the purchase price of the product containing the Dvana Software or replacement of the Dvana Software which is returned to Dvana or a Dvana authorized representative with a copy of the receipt.
THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
6. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE DVANA SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DVANA SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DVANA AND DVANA'S LICENSORS (COLLECTIVELY REFERRED TO AS "DVANA" FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DVANA SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. DVANA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DVANA SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE DVANA SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE DVANA SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE DVANA SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DVANA OR A DVANA AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE DVANA SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Name Maker LE has provision to access the internet that reference sites and information located worldwide. Because Dvana has no control over such sites and information, Dvana makes no guarantees as to such sites and information, including:
I. the accuracy, currency, content, or quality of any such sites and information, or
II. whether a location reached through Name Maker LE may locate unintended or objectionable content. Because some of the content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people or viewers under the age of 18, the results of any activity may make references to objectionable material. By using Name Maker LE, you acknowledge that Dvana makes no representations or warranties with regard to the appropriateness of the content viewed through Name Maker LE.
7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL DVANA BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE DVANA SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF DVANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Dvana's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one pound (£1.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. Export Law Assurances. You may not use or otherwise export or re-export the Dvana Software except as authorized by English law and the laws of the jurisdiction in which the Dvana Software was obtained. By using the Dvana Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
9. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
10. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the Dvana Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Dvana. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.