IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. Anasoftware ("Anasoftware") IS WILLING TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERENCED BELOW AS "YOU OR YOUR") ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND Anasoftware. BY OPENING THIS PACKAGE, BREAKING THE SEAL, CLICKING ON THE "AGREE" OR "YES" BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK ON THE "I DO NOT AGREE", "NO" BUTTON, "I DO NOT ACCEPT THE LICENCE AGREEMENT", OR OTHERWISE INDICATE REFUSAL, MAKE NO FURTHER USE OF THE SOFTWARE.
1. License.
The software which accompanies this license (collectively the "Software") is the property of Anasoftware or its licensors and is protected by copyright law. While Anasoftware continues to own the Software, You will have certain rights to use the Software after Your acceptance of this license. This license governs any releases, revisions, or enhancements to the Software that Anasoftware may furnish to You. Except as may be modified by an Anasoftware license certificate, license coupon, or license key (each a "License Module") which accompanies, precedes, or follows this license, Your rights and obligations with respect to the use of this Software are as follows:
You may:
A. use one copy of the Software on a single computer. If a License Module accompanies, precedes, or follows this license, You may make that number of copies of the Software licensed to You by Anasoftware as provided in Your License Module. Your License Module shall constitute proof of Your right to make such copies.
B. make one copy of the Software for archival purposes, or copy the Software onto the hard disk of Your computer and retain the original for archival purposes;
C. use the Software on a network, provided that You have a licensed copy of the Software for each computer that can access the Software over that network.
You may not:
A. copy the printed documentation which accompanies the Software;
B. sublicense, rent or lease any portion of the Software; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;
C. use a previous version or copy of the Software after You have received a disk replacement set or an upgraded version. Upon upgrading the Software, all copies of the prior version must be destroyed;
D. use a later version of the Software than is provided herewith unless You have purchased upgrade insurance or have otherwise separately acquired the right to use such later version;
E. use the Software in any manner not authorized by this license.
2. Limited Warranty:
Anasoftware warrants that the media on which the Software is distributed will be free from defects for a period of thirty (30) days from the date of delivery of the Software to You. Your sole remedy in the event of a breach of this warranty will be that Anasoftware will replace any defective media returned to Anasoftware within the warranty period. Anasoftware does not warrant that the Software will meet Your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.
THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
3. Disclaimer of Damages:
SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL Anasoftware OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF Anasoftware HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL Anasoftware's OR ITS LICENSORS' LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE. The disclaimers and limitations set forth above will apply regardless of whether You accept the Software.
4. U.S. Government Restricted Rights:
RESTRICTED RIGHTS LEGEND. All Anasoftware products and documentation are commercial in nature. The software and software documentation are "Commercial Items", as that term is defined in 48 C.F.R. section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are defined in 48 C.F.R. section 252.227-7014(a)(5) and 48 C.F.R. section 252.227-7014(a)(1), and used in 48 C.F.R. section 12.212 and 48 C.F.R. section 227.7202, as applicable. Consistent with 48 C.F.R. section 12.212, 48 C.F.R. section 252.227-7015, 48 C.F.R. section 227.7202 through 227.7202-4, 48 C.F.R. section 52.227-14, and other relevant sections of the Code of Federal Regulations, as applicable, Anasoftware's computer software and computer software documentation are licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in this license agreement. Manufacturer is Anasoftware, P.O. Box 1628, Beaverton, OR 97075.
5. Export Regulation:
Export, re-export of this Software is governed by the laws and regulations of the United States and import laws and regulations of certain other countries. Export or re-export of Software to any entity on the Denied Parties List and other lists promulgated by various agencies of the United States Federal Government is strictly prohibited.
6. Trial Versions Only:
a. Any fee paid for a trial disk, CD-ROM, or download privilege is solely a distribution fee to cover the vendor's distribution costs. Such fee does not cover the cost of the program itself and does not grant any license. In case the Software is a suite of applications, such fee does not cover the cost of the applications and does not grant any license for any of the applications in the suite.
b. Only the Trial Version of the Software may be distributed to others for evaluation purposes provided that you do not represent the software as "FREE" or "PUBLIC DOMAIN".
c. The Trial Version of the Software must be distributed in its entirety, without any modifications or deletions.
d. The Trial Version of the Software may not be distributed by any for-profit entity unless such entity clearly discloses to its customers the following:
Any fee paid for an evaluation disk, CD-ROM, or download privilege is solely a distribution fee to cover the vendor's distribution costs. Such fee does not cover the cost of the program itself and does not grant any license.
e. The Trial Version of the Software is not public domain software and it is not freeware.
f. The forms included with the Trial Version are real-life forms that have been modified. They are not legally valid - but serve the purpose of demonstrating the capabilities of the software.
8. Restricted use of FDD files:
Any file with an FDD extension ("FDD file") included with a full version Form House form pack ("FHFP") may only be used by a licensed user of the FHFP. Any FDD file containing the same template as an FDD file included with FHFP falls under the same restriction.
9. General:
This Agreement and any related License Module is the entire agreement between You and Anasoftware relating to the Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment or similar communications between the parties. This Agreement shall terminate upon Your breach of any term contained herein and You shall cease use of and destroy all copies of the Software. The disclaimers of warranties and damages and limitations on liability shall survive termination. This Agreement may only be modified by a License Module which accompanies this license or by a written document which has been signed by both You and Anasoftware. Should you have any questions concerning this Agreement, or if you desire to contact Anasoftware for any reason, please write to: Anasoftware Customer Service, P.O. Box 1628, Beaverton, OR 97075, U.S.A.