Software License and Limited Warranty
This is an agreement between you, the end user, and Gagemaker, LP (“Gagemaker”). By using this software, you are agreeing to become bound by the terms of this agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE.
1. GRANT OF LICENSE, Gagemaker, as Licensor, grants to you, the Licensee, a non-exclusive right to use this software program (hereinafter the “Software”) in accordance with the terms contained in this license. You may use the Software on a single computer. If you wish to use the Software on more than one computer, you must either erase the software from the first computer when you move the Software to another computer, or else purchase two copies of the Software. You may execute the Software from a common disk shared by multiple computers provided that one authorized copy of the Software has been licensed for each computer executing the Software.
2. SITE LICENSE GRANT. If you acquired a “SITE LICENCE” you are granted the right to use the Software simultaneously on the number of computers granted by the SITE LICENSE. Each single-user computer, workstation attached to a network, network computer, laptop computer, terminal or workstation attached to a multi-user computer or other computer commonly thought of as a single computer is a “single computer” for purposes of this license.
3. OWNERSHIP OF SOFTWARE. Gagemaker retains the copyright, title and ownership of the SOFTWARE and the written materials regardless of the form or media in or on which the original and other copies may exist. You may make one (1) copy of the SOFTWARE solely for backup purposes. You must reproduce and include the copyright notice on the backup copy.
4. TRANSFERS. You may physically transfer the SOFTWARE from one of your computers to another provided that the SOFTWARE is used on only one computer at a time. You may not distribute copies of the SOFTWARE or accompanying written materials to others. You may not transfer the SOFTWARE to anyone without the prior written consent of Gagemaker. In no event may you transfer, assign, rent, lease, sell or otherwise dispose of the SOFTWARE on a temporary basis.
5. TERMINATION. This License is effective until terminated. This License will terminate automatically without notice from Gagemaker if you fail to comply with any provision of this License. Upon termination you shall destroy the written materials and all copies of the SOFTWARE, including modified copies, if any.
6. US GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and any accompanying materials 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 52.22719, as applicable. Contractor/manufacture is Gagemaker, LP, PO Box 87709, Houston TX 77287.
7. LIMITED WARRANTY. Gagemaker warrants the media on which the SOFTWARE is furnished to be free of defects in material and workmanship, under normal use, for a period of ninety (90) days following the date of delivered to you. In the event of defects, Gagemaker’s sole liability shall be to replace the defective media which has been returned to GAGEMAKER or the supplier with your dated invoice and is shown to be defective. In the event that GAGEMAKER is unable to replace defective media, Gagemaker shall refund your money upon your termination of this license.
8. DISCLAIMER OF WARRANTIES. GAGEMAKER DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9. GAGEMAKER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT EVEN IF GAGEMAKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Should any other warranties be found to exist, such warranties shall be limited in duration to ninety (30) days following the date of delivery to you. In no event will Gagemaker’s liability for any damages to you or any other person exceed the amount paid for the license to use the SOFTWARE.
11. This License shall be governed and construed in accordance with the laws of the State of Texas and shall benefit Gagemaker, its successors and assigns.