VOrb Software License
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT "LICENSE" CAREFULLY
BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE
BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF
THIS LICENSE, PROMPTLY RETURN THE SOFTWARE TO THE PLACE WHERE YOU OBTAINED
IT FOR A REFUND.
- License. The software and any fonts accompanying this License
whether on disk, in read only memory, or on any other media (the "Software")
are licensed, not sold, to you by ViviStar Consulting. You own the media
on which the Software is recorded but ViviStar Consulting and/or ViviStar
Consulting's licensor(s) retain title to the Software. The Software in
this package and any copies which this License authorizes you to make are
subject to this License.
- Permitted Uses and Restrictions. This License allows you to
install and use the Software on a single computer at a time. This License
does not allow the Software to exist on more than one computer at a time.
You may make one copy of the Software in machine-readable form for backup
purposes only. The backup copy must include all copyright information contained
on the original. Except as permitted by applicable law and this License,
you may not decompile, reverse engineer, disassemble, modify, rent, lease,
loan, distribute, sublicense, create derivative works from the Software
or transmit the Software over a network. You may, however, transfer your
rights under this License provided you transfer the related documentation,
this License and a copy of the Software to a party who agrees to accept
the terms of this License and destroy any other copies of the Software
in your possession. Your rights under this License will terminate automatically
without notice from ViviStar Consulting if you fail to comply with any
term(s) of this License.
- Limited Warranty on Media. ViviStar Consulting warrants the
media on which the Software is recorded to be free from defects in materials
and workmanship under normal use for a period of ninety (90) days from
the date of original retail purchase. Your exclusive remedy under this
paragraph shall be, at ViviStar Consulting's option, a refund of the purchase
price of the product containing the Software or replacement of the Software
which is returned to ViviStar Consulting or a ViviStar Consulting authorized
representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY
IMPLIED WARRANTIES ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO NINETY
(90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS
LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN
IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS
OR IMPLIED. VIVISTAR CONSULTING SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO
HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
- Disclaimer of Warranty on Software. You expressly acknowledge
and agree that use of the Software is at your sole risk. The Software is
provided "AS IS" and without warranty of any kind and ViviStar
Consulting and ViviStar Consulting's licensor(s) (for the purposes of provisions
4 and ViviStar Consulting and ViviStar Consulting's licensor(s) shall be
collectively referred to as "ViviStar Consulting") EXPRESSLY
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. VIVISTAR CONSULTING DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE
Exhibit B 061896 8 (23) SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR
THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, VIVISTAR CONSULTING
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY VIVISTAR CONSULTING OR A VIVISTAR CONSULTING AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE
OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT VIVISTAR
CONSULTING OR A VIVISTAR CONSULTING AUTHORIZED REPRESENTATIVE) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU. 5 . Limitation of Liability. UNDER NO CIRCUMSTANCES,
INCLUDING NEGLIGENCE, SHALL VIVISTAR CONSULTING BE LIABLE FOR ANY INCIDENTAL,
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO
THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no
event shall ViviStar Consulting's total liability to you for all damages
exceed the amount paid for this License to the Software.
- Export Law Assurances. You may not use or otherwise export or
reexport the Software except as authorized by United States law and the
laws of the jurisdiction in which the Software was obtained. In particular,
but without limitation, none of the Software may be used or otherwise exported
or reexported (i) into (or to a national or resident of) a United States
embargoed country or (ii) to anyone on the U.S. Treasury Department's list
of Specially Designated Nationals or the U.S. Department of Commerce's
Table of Denial Orders. By using the Software, you represent and warrant
that you are not located in, under control of, or a national or resident
of any such country or on any such list.
- Government End Users. If the Software is supplied to the United
States Government, the Software is classified as "restricted computer
software" as defined in clause 52.227-19 of the FAR. The United States
Government's rights to the Software are as provided in clause 52.227-19
of the FAR.
- Controlling Law and Severability. This License shall be governed
by the laws of the United States and the State of California. If for any
reason a court of competent jurisdiction finds any provision, or portion
thereof, to be unenforceable, the remainder of this License shall continue
in full force and effect.
- Complete Agreement. This License constitutes the entire agreement
between the parties with respect to the use of the Software and supersedes
all prior or contemporaneous understandings regarding such subject matter.
No amendment to or modification of this License will be binding unless
in writing and signed by ViviStar Consulting.
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