REALMAC SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING RAPIDWEAVER. BY USING RAPIDWEAVER, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.
1. GENERAL.
The software (including all content), documentation accompanying the software (if any), whether on disk, in read only memory, on any other media or in any other form (collectively the "Realmac Software") is licensed, not sold, to you by Realmac Software for use only under the terms of this License, and Realmac Software reserves all rights not expressly granted to you herein. The rights referred to herein are limited to Realmac Software's and its licensors' intellectual property rights in the Realmac Software and do not include any other patents or intellectual property rights. You own the media on which the Realmac Software is recorded but Realmac Software retains ownership of RapidWeaver itself. The terms of this License will govern any software upgrades provided by Realmac Software that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. Title and intellectual property rights in and to any content displayed by or accessed through the Realmac Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content.
2. LICENSE USES AND RESTRICTIONS
A. DEMO LICENSE. If you are using the demo version of the RapidWeaver, this License allows you to install and use the Software for the sole purpose of evaluating RapidWeaver. The demo version of RapidWeaever does not expire, but some of the features are restricted until you obtain any one of the other available licenses.
B. SINGLE USER LICENSE. If you are using the Single User version of RapidWeaver, this License allows you to install and use one copy of RapidWeaver on a single computer at a time. This License does not allow the Software to exist on more than one computer at a time, and you may not make the Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
C. FAMILY PACK LICENSE. If you are using a Family Pack license of RapidWeaver, this License allows you to install and use five copies of the Software on five computers at any one given time. This License does not allow the Software to exist on more than five computers at any one time. You may make the Software available over a network where it could be used by multiple (in this case five) computers at the same time. You may make copies of the Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
3. TRANSFER.
You may not rent, lease, lend, redistribute or sublicense the Software. You may, however, make a one-time permanent transfer of all of your license rights to RapidWeaver (in its original form as provided by Realmac Software) to another party, provided that: (a) the transfer must include all of the Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Software reads and agrees to accept the terms and conditions of this License.
4. TERMINATION.
This License is effective until terminated. Your rights under this License will terminate automatically without notice from Realmac Software if you fail to comply with any term(s)of this License. Upon the termination of this License, you shall cease all use of the Software and destroy all copies, full or partial.
5. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF RAPIDWEAVER IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. RAPIDWEAVER IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND REALMAC SOFTWARE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/ OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. REALMAC SOFTWARE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY REALMAC SOFTWARE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL REALMAC SOFTWARE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF REALMAC SOFWTARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.