LC
Technology International License Agreement
Export Notice
U.S. Export Controls: You agree that you will not export or re-export
these products to any country, person, entity or end user subject to
U.S.A. export restrictions. Restricted countries currently include, but
are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea and
Syria. You warrant and represent that neither the U.S.A. Bureau of
Export Administration nor any other federal agency has suspended,
revoked or denied your export privileges.
Software License Agreement
Read the terms and conditions of this license agreement carefully. The
program is copyrighted and licensed (not sold). By downloading or
otherwise receiving a copy of the program, you are accepting and
agreeing to the terms of this license agreement. This license agreement
represents the entire agreement concerning the program between you and
LC Technology International, Inc. (referred to as "licensor"), and it
supersedes any prior proposal, representation, or understanding between
the parties.
1. GRANT OF LICENSE. This Agreement grants you the following
rights:
a) Software. You may install and use one copy of the Software on a
single computer unless otherwise authorized in writing by LC Technology
International, Inc.
b) Storage/Network Use. You may also store or install a copy of the
Software on a storage device, such as a network server, used only to
install or run the Software on your other computers over an internal
network; however, you must acquire and dedicate a license for each
separate computer on which the Software is installed or run from the
storage device. A license for the Software may not be shared or used
concurrently on different computers.
c) License Pack. If you have acquired this Agreement in a LC Technology
License Pack, you may make the number of additional copies of the
computer software portion of the Software authorized on the printed
copy of this Agreement, and you may use each copy in the manner
specified above.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a.) Limitations on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the Software,
except and only to the extent that such activity is expressly permitted
by applicable law notwithstanding this limitation.
b.) Separation of Components. The Software is licensed as a single
product. Its component parts may not be separated for use on more than
one computer.
c.) Rental. You may not rent or lease the Software.
d.) Software Transfer. You may permanently transfer all of your rights
under this Agreement, provided you retain no copies, you transfer all
of the Software (including all component parts, the media and printed
materials, any upgrades, this Agreement, and, if applicable, the
Certificate of Authenticity), and the recipient agrees to the terms of
this Agreement. If the Software is an upgrade, any transfer must
include all prior versions of the Software.
e.) Termination. Without prejudice to any other rights, LC Technology
may terminate this Agreement if you fail to comply with the terms and
conditions of this Agreement. In such event, you must destroy all
copies of the Software and all of its component parts.
3. UPGRADES. If the software is an upgrade from another product,
whether from LC Technology or another supplier, you may use or transfer
the Software only in conjunction with that upgraded product, unless you
destroy the upgraded product. If the Software is an upgrade of a LC
Technology product, you now may use that upgraded product only in
accordance with this Agreement. If the Software is an upgrade of a
component of a package of software programs that you licensed as a
single product, the Software may be used and transferred only as part
of that single product package and may not be separated for use on more
than one computer.
4. COPYRIGHT. All title and copyrights in and to the Software
(including but not limited to any images, photographs, animations,
video, audio, music, text, and applets incorporated into the Software,
and any copies of the Software) are owned by LC Technology
International or its licensors. This Software is protected by copyright
laws and international treaty provisions. Therefore, you must treat the
Software like any other copyrighted material except that you may either
a) make one copy of the Software solely for backup or archival purposes
or b) install the Software on a single computer provided you keep the
original solely for backup or archival purposes. You may not copy the
printed materials accompanying the Software.
5. DUAL-MEDIA SOFTWARE. You may receive the Software in more than one
medium. Regardless of the type or size of medium you receive, you may
use only one medium that is appropriate for your single computer. You
may not use or install the other medium on another computer. You may
not loan, rent, lease, or otherwise transfer the other medium to
another user, except as part of the permanent transfer (as provided
above) of the Software.
6. US GOVERNMENT RESTRICTED RIGHTS. The Software and documentation 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 DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the
Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19,
as applicable. Manufacturer is Software LC Technology International,
Inc. 29750 US Hwy 19 North, Suite 310, Clearwater Florida, USA
Governing Law
You agree that all matters relating to your access to, or use of, LC
Technology International products shall be governed by the laws of the
state of Florida. You agree and hereby submit to the exclusive personal
jurisdiction and venue of the Courts of Pinellas County in Florida and
the United States District Court for the Middle District of Florida,
with respect to such matters.
LIMITED WARRANTY:
Licensor warrants, for your benefit alone, for a period of 90 days from
the date of commencement of this License Agreement (referred to as the
"Warranty Period") that the Program Diskettes or CD ROM in which the
Software is contained are free from defects in material and
workmanship.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
LC Technology INTERNATIONAL, INC. AND THEIR SUPPLIERS DISCLAIM ALL
OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, WITH REGARD TO THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS, YOU MAY HAVE OTHERS, WHICH VARY FROM
STATE/JURISDICTION TO STATE/JURISDICTION.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL LC TECHNOLOGY INTERNATIONAL, INC.
OR THEIR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LC Technology HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU.
CUSTOMER REMEDIES. LC Technology International, Inc. and their
licensors' entire liability and your exclusive remedy shall be, at LC
Technology's option, either a) return of the price paid, or b) repair
or replacement of the Software or hardware that does not meet LC
Technology's Limited Warranty and which is returned to LC Technology
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 thirty (30) days, whichever is
longer.
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