Power File Gold distribution permissions and end-user license agreement
Software License and Limited Warranty
THIS IS AN AGREEMENT BETWEEN THE INITIAL USER OF SOFTWARE ("ENDUSER") AND CANYON SOFTWARE ("CANYON"). BY USING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE AND IMMEDIATELY RETURN THE ENTIRE PACKAGE (INCLUDING WRITTEN MATERIALS) TO THE PLACE YOU OBTAINED THEM FOR A REFUND.
1. GRANT OF LICENSE. CANYON grants you the nonexclusive right to use one copy of the enclosed software program (the "Software Program") and the accompanying user`s manual (the "Manual") on a single terminal connected to a single computer (i.e., a single CPU) subject to the terms and restrictions set forth below. You may not network the software or otherwise use it on more than one computer or computer terminal at the same time.
2. COPYRIGHT. The Software and the Manual are the proprietary and copyrighted materials of CANYON or its suppliers, and all title thereto, and to all copies thereof in any form, remains with CANYON and its suppliers. It must be considered to have the same rights as any other copyrighted materials such as books or musical recordings. CANYON grants you the right to make one copy of the Software Program for backup purposes only. CANYON also grants the right to transfer the Software Program to a single hard disk provided you keep the original disks for backup purposes.
3. OTHER RESTRICTIONS. You may not rent or lease this Software Program or the Manual. However, you may transfer the Software Program, the Manual and all related materials as long as you retain no copies of the Software Program or the Manual and the receiver of the transfer agrees in writing to be bound by this license. You may not decompile, disassemble, or otherwise reverse engineer the Software Program. If the Software Program is an update, any transfer must include the update and all prior versions.
4. LIMITED WARRANTY. CANYON warrants to the initial End User that the Software Program will be capable of performing substantially as described in the Manual for a period of 90 days from the date of receipt by the initial End User and that the disks containing the Software Program will be free from defects in materials and workmanship under normal use and service for a period of 90 days from such receipts. This is a limited warranty and will be deemed void if failure of the Software Program has resulted from accident, abuse or misapplication. Any implied warranties on the Software Program and other related materials are limited to 90 days from the date of receipt by the initial End User. SOME STATES DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
5. REMEDIES. AS CANYON`S ENTIRE LIABILITY AND AS YOUR EXCLUSIVE REMEDY for any breach of warranty, CANYON will, upon written notice to CANYON during the warranty period at the address set forth below, either (at its option) repair or replace the defective diskettes or the defective portion of the Software Program, or refund the license fee paid for such Software Program. Upon issuance of any refund, the license granted herein shall terminate.
6. NO OTHER WARRANTIES. EXCEPT FOR THE FOREGOING WARRANTY BY CANYON, NEITHER CANYON NOR ITS SUPPLIERS MAKES ANY WARRANTIES, EXPRESS, IMPLIED (INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE) OR ARISING BY LAW, REGARDING THE CHARACTER, FUNCTION, CAPABILITIES OR ANY OTHER ASPECT OF THE SOFTWARE, THE MANUAL OR THEIR APPROPRIATENESS FOR THE END USER`S PURPOSES.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL CANYON OR ITS SUPPLIERS BE LIABLE FOR ANY THIRD PARTY CLAIMS OR FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF ANY BREACH OF WARRANTY OR THE PERFORMANCE OR BREACH OF ANY OTHER PROVISION OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SOFTWARE PROGRAM OR THE MANUAL, EVEN IF CANYON OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CANYON OR ITS SUPPLIER`S LIABILITY (WHETHER IN TORT, CONTRACT OR OTHERWISE) EXCEED THE LICENSE FEE PAID TO CANYON SOFTWARE FOR THE SOFTWARE PROGRAM.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. TERMINATION. This license shall automatically terminate if you breach any of the terms and conditions set forth herein. Upon termination of the license, you agree to return all copies of the Software Program and the Manual (in whatever form and media) to CANYON and to certify in writing that all such copies have been returned or destroyed and that the copy of the Software Program on the hard disk has been permanently erased.
9. GOVERNMENT RESTRICTED RIGHTS. The Software Program and Manual are provided with restricted rights. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 52.227-7013. Contractor / manufacturer is CANYON Software, 1537 Fourth Street, Suite 131, San Rafael, CA, 94901.
10. GENERAL. This Agreement is intended as a legally binding agreement which will be enforced, in whole or in part, to the greatest extent permissible under law, and is the entire agreement between you and CANYON, which supersedes any prior or contemporaneous oral or written proposals, statements, understandings or agreements.
This Agreement is governed by the laws of the State of California.
Canyon Software is a trademark of Canyon Software
32 Porteous Avenue
Fairfax, CA 94930
Distribution is encouraged to anyone who might be interested in the software