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Software License Agreement and Disclaimer
SDSpro™ SOFTWARE LICENSE AGREEMENT AND DISCLAIMER
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE OR DATA CONTAINED ON
THE CD AND/OR DISK. BY USING THE SOFTWARE OR DATA, YOU AGREE TO BECOME BOUND BY THE
TERMS OF THIS AGREEMENT, WHICH INCLUDES THE SOFTWARE LICENSE AND WARRANTY DISCLAIMER
(collectively referred to herein as the “Agreement”). THIS AGREEMENT CONSTITUTES THE COMPLETE
AGREEMENT BETWEEN YOU AND SDSPRO, LLC. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,
DO NOT USE THE SOFTWARE AND PROMPTLY RETURN THE PACKAGE FOR A FULL REFUND.
Ownership of Software and Data. The enclosed manual and computer programs (“Software”)
were developed and are copyrighted by SDSpro, LLC.(“SDSPRO”) and are licensed,
not sold, to you by SDSPRO for use under the following terms, and SDSPRO reserves
any rights not expressly granted to you. You own the disk(s) and CD(s) on which any
software is recorded, but SDSPRO retains ownership of all copies of the Software
itself. Neither the manual nor the Software may be copied in whole or in part except
as explicitly stated below.
License. SDSPRO, as Licensor, grants to you, the LICENSEE, a non-exclusive, non-transferable
right to use this Software and Data subject to the terms of the license as follows:
a. You may make backup copies of the Software for your use provided they bear the
SDSPRO copyright notice; b. You may only use the demo version for a period of 60
days from the date of installation.
Restrictions. You may not use more than one copy of the Software or Data at a time.
You may not distribute copies of the Software to others or electronically transfer
the Software from one computer to another over a network. You may not distribute
copies of the Software or Data as part of a commercial data base. The Software contains
trade secrets, and to protect them you may not recompile, reverse engineer, disassemble,
or otherwise reduce the Software or Data to a human perceivable form. YOU MAY NOT
MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR RESELL THE SOFTWARE,DATA, OR ANY PART
THEREOF.
Termination. This license is effective until terminated. This license will terminate
immediately without notice from SDSPRO if you fail to comply with any of its provisions.
Upon termination, you must destroy the Software and Data and all copies thereof,
and you may terminate this license at any time by doing so.
Update Policy. SDSPRO may create, from time to time, updated versions of the Software
or Data. At its option, SDSPRO will make such updates available to the Licensee.
Warranty Disclaimer. THE SOFTWARE AND DATA IS PROVIDED “AS IS” WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SDSPRO DOES NOT WARRANT,
GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE,
OF THE SOFTWARE, DATA, OR WRITTEN MATERIALS IN THE TERMS OF CORRECTNESS, ACCURACY,
RELIABILITY, CURRENTNESS, OR OTHERWISE. THE SOFTWARE OR DATA IS NOT INTENDED FOR USE
IN ANY CASE WHERE THE FAILURE OR INACCURACY OF SOFTWARE OR DATA COULD LEAD TO DEATH,
PERSONAL INJURY, OR SEVERE PHYSICAL, EMOTIONAL OR ENVIRONMENTAL DAMAGE. THE ENTIRE
RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE
SOFTWARE, DATA, OR WRITTEN MATERIALS ARE DEFECTIVE YOU, AND NOT SDSPRO OR IT'S DEALERS,
DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. However, SDSPRO warrants to the original Licensee that the
disk(s) or CD(s) on which the Software and Data is recorded is free from defects
in materials and workmanship under normal use and service for a period of thirty
(30) days from the date of delivery as evidenced by a copy of the receipt. THIS IS
THE ONLY WARRANT OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT IS MADE BY SDSPRO
ON THIS SOFTWARE PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SDSPRO,
IT'S DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY
WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON SUCH INFORMATION
OR ADVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS,
WHICH VARY FROM STATE TO STATE.
Governing Law. This agreement shall be governed by the laws of the State of Alaska.
SDSpro is a trademark of SDSpro, LLC. Windows is a trademarks of Microsoft.