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License Agreement (Single-User Products) |
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THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER AND APRESS. BY OPENING THIS SEALED DISK PACKAGE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNOPENED DISK PACKAGE AND THE ACCOMPANYING ITEMS (INCLUDING WRITTEN MATERIALS AND BINDERS OR OTHER CONTAINERS) TO THE PLACE YOU OBTAINED THEM FOR A FULL REFUND. |
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1. GRANT OF LICENSE. APress grants to you the right to use one copy of the enclosed APress software program (the ''SOFTWARE") on a single terminal connected to a single computer (i.e., with a single CPU). You may not network the SOFTWARE or otherwise use it on more than one computer or computer terminal at the same time. |
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2. COPYRIGHT. The SOFTWARE copyright is owned by APress 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 material accompanying the SOFTWARE. |
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3. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile, or disassemble the SOFTWARE. If SOFTWARE is an update, any transfer must include the update and all prior versions. |
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4. DUAL MEDIA SOFTWARE. If the SOFTWARE package contains both 3.5" AND 5.25" disks, then you may use only the disks appropriate for your single-user computer. You may not use the other disks on another computer or loan, rent, lease, or transfer them to another user except as part of the permanent transfer (as provided above) of all SOFTWARE and written materials. |
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LIMITED WARRANTY. APress warrants that the SOFTWARE will perform substantially in accordance with the accompanying written material for a period of 90 days from the receipt. Any implied warranties on the SOFTWARE are limited to 90 days. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. |
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CUSTOMER REMEDIES. APress' entire liability and your exclusive remedy shall be, at APress' option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE that does not meet APress' Limited Warranty and which is returned to APress with a copy of your receipt. This limited warranty is void if failure of the software has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. These remedies are not available outside of the United States of America. |
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NO OTHER WARRANTIES. APress disclaims all other warratnites, either express or implied, including but not limited to implied warranties of mechantability and finess for a particular purpose, with respect to the SOFTWARE and the accompanying written materials. This limited warranty gives you specific rights. You may have others, which vary from state to state. |
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NO LIABILITIES FOR CONSEQUENTIAL DAMAGES. In no event shall APress or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use this APress product, even if APress has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. |
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U.S. GOVERNMENT RESTRICTED RIGHTS |
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The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restriction as set forth in subparagraph (c)(l)(ii) of The Rights in Technical Data and Computer Software clause at 52.227-7013. Contractor/manufacturer is APress, 555 De Haro Street, Suite 250, San Francisco, CA 94107. |
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This Agreement is governed by the laws of the State of California. |
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Should you have any questions concerning this Agreement, or if you wish to contact APress for any reason, please write to APress, 555 De Haro Street, Suite 250, San Francisco, CA 94107. |
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