Software Poetry - license agreement

License Agreement

Please read the following license agreement. Click "I Agree"
to proceed only if you are willing to accept the terms of this agreement.

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LICENSE AGREEMENT
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IMPORTANT! The Software you are about to download is licensed only on the condition that the licensee (referred to in this Agreement as "You") agrees with Software Poetry, Inc. (referred to in this Agreement as "We" or "Us") to the terms and conditions set forth in the following legal agreement. READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY. YOU WILL BE BOUND BY THE TERMS OF THIS AGREEMENT IF YOU DOWNLOAD THE SOFTWARE. If You do not agree to the terms contained in this Software License Agreement, please do not proceed.

- Limited Nonexclusive License

You acknowledge that You are acquiring only a limited nonexclusive license to use the enclosed software (the "Software"). We remain the owner of all right, title, and interest in the Software and in any copies of it.

The License permits You to install the Software on more than one computer system, e.g., a desktop computer and a laptop computer normally used by the same person at different times, provided that there is no possibility that the Software will be used on more than one computer system simultaneously; any such simultaneous use requires a separate license for each computer system.

You may make a reasonable number of backup copies of the Software solely for backup purposes.

You agree not to engage in nor to permit the decompilation, disassembly, or other reverse engineering of the Software.

- Termination

If You materially breach this License Agreement, We may terminate Your right to use the Software by notice to You.

You agree that, upon termination of the License Agreement, You will either return to us or destroy all copies of the Software in Your possession.

- Protection and Security

You agree to use Your best efforts and take all reasonable steps to safeguard the Software to ensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution, in whole or in part, in any form shall be made. You acknowledge that the Software contains valuable, confidential information and trade secrets and that unauthorized use and/or copying are harmful to Us.

- Limited Warranty

The only warranty We make to You in connection with the Software is that the Licensed Software files you choose to download will be replaced without charge, if We in good faith determine that they were defective and not subject to misuse, and if claim is made to Us within ninety (90) days of the date of purchase.
		
Because We cannot know the purposes for which You acquired the Software or the uses to which You will put the Licensed Software, You assume full responsibility for the selection of the Software and for its installation and use and the results of that use.

- Limited Remedy

WE MAKE NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE SOFTWARE AND IT IS LICENSED "AS IS." THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR FIRM ARE VOID.

YOU AGREE NOT TO USE THE SOFTWARE IN ANY SITUATION WHERE SIGNIFICANT DAMAGE OR INJURY TO PERSONS, PROPERTY OR BUSINESS COULD OCCUR FROM A SOFTWARE ERROR.

YOU ASSUME ALL RISK AS TO THE SELECTION, USE, PERFORMANCE AND QUALITY OF THE SOFTWARE. IN NO EVENT WILL WE OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR INABILITY TO USE THE LICENSED MATERIALS, EVEN IF WE OR SUCH OTHER PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN NO EVENT SHALL OUR OR SUCH OTHER PARTY'S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE PRICE PAID FOR THE SOFTWARE.

- Your Indemnity to Us

Independent of the foregoing provisions, You agree to defend and indemnify Us against, and hold Us harmless from, any and all claims, damages, losses, and expenses of any kind arising from or connected with the operation of Your business.

- Entire Agreement, etc.

This online License Agreement is the exclusive agreement between You and Us concerning the Software and supersedes any and all prior oral or written agreements, negotiations, or other dealings between Us concerning the Software.

This License Agreement may be modified only by a writing signed by You and Us.

In the event of litigation between You and Us concerning the Software, the prevailing party in the litigation and the prevailing party in any ancillary disputes (e.g., discovery disputes) will be entitled to recover attorneys' fees and expenses from the other party.

This License Agreement will be governed by the law of the State of Washington applicable to contracts executed and performed entirely in, and by residents of, that state.

You agree that You and We need not sign this License Agreement in order for it to take effect.

Trouble downloading? Send us a note at support@softwarepoetry.com