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1. LICENSE. USA SAT, INC.
agrees to grant, and the customer agrees to accept on the following terms
and conditions, a nontransferable and nonexclusive license to use the USA
SAT, INC. enclosed with this agreement.
2. PERMITTED USES. You may use the USA SAT, INC. on a single computer
system. If you wish to use the USA SAT, INC. on more than one computer
system at a time, you must obtain a new and separate license from USA SAT,
INC. for each additional computer system.
3. USES NOT PERMITTED. Unless is a demo version, you may not
electronically transfer the USA SAT, INC. from one computer to another
over a network. You may not make copies of the User Documentation. You may
not make any copies of the USA SAT, INC. except as provided in the back-up
portion of the Agreement. You may not make alterations to the USA SAT,
INC. or the User Documentation. You may not assign or grant sublicenses,
leases, or other rights or obligations relative to the USA SAT, INC. or
the User Documentation to others, nor may your copy or other copies of the
USA SAT, INC., or User Documentation be distributed to others. You may not
reverse engineer, disassemble, reverse translate, or in any manner decode
the USA SAT, INC. in order to derive any source code form.
4. BACK-UP COPIES HAVE PROGRAMS. The customer may make back-up copies of
USA SAT, INC. programs as required for customer's use only. The number of
copies shall be limited to one (1) on hard disk and one (1) on floppy
disk. The original and all copies of USA SAT, INC. programs, or any part
thereof, made by the customer, shall be the property of USA SAT, INC. This
does not imply, of course, that USA SAT, INC. owns the media on which
programs are recorded. You must maintain an accurate record of the
location of the back-up copy at all times.
5. COPYRIGHTS, TRADEMARK NOTICES, LEGENDS AND LOGOS. The USA SAT, INC. and
User Documentation, logos, product, names and other support materials, if
any, are either patented, copyrighted, trademarked, or otherwise
proprietary to USA SAT, INC. You agree never to remove any such notices
and product identification and to reproduce them on any back-up copies
produced.
6. TERM. The license granted under this Agreement is effective from the
date on which the customer opens the seal on the envelope containing this
USA SAT, INC. distribution diskette(s) and shall remain in force until
terminated as provided below. You may terminate this License Agreement by
destroying the USA SAT, INC. and User Documentation and all copies
thereof. This License Agreement will also terminate if you fail to comply
with any term or condition herein. You agree upon such termination by USA
SAT, INC. to destroy all copies of the USA SAT, INC. and User
Documentation, and to certify to USA SAT, INC. that they have been
destroyed. Upon termination there will be no refund of any monies or other
consideration paid by you.
7. LIMITED WARRANTY. THE USA SAT, INC. AND USER DOCUMENTATION ARE PROVIDED
ÒAS ISÓ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE USA SAT, INC. AND USER DOCUMENTATION IS WITH YOU.
SHOULD THE USA SAT, INC. AND USER DOCUMENTATION PROVE DEFECTIVE, YOU (AND
NOT USA SAT, INC. OR ANY AUTHORIZED REPRESENTATIVE OF USA SAT, INC. )
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
However, USA SAT, INC. warrants the media on which the USA SAT, INC. is
furnished to be free from defects in materials and workmanship under
normal use for a period of ninety (90) days from the date of delivery to
you as evidenced by your completed and returned Customer Registration
Form, which you must complete and return to USA SAT, INC. immediately upon
receipt of the USA SAT, INC..
8. LIMITATIONS OF REMEDIES. USA SAT, INC. 's entire liability and your
exclusive remedy shall be: the replacement of any media not meeting USA
SAT, INC. 's Limited Warranty and which is returned to USA SAT, INC. or an
authorized representative of USA SAT, INC. with a copy of your receipt.
IN NO EVENT WILL USA SAT, INC. BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING
ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH USA SAT, INC. AND
USER DOCUMENTATION EVEN IF USA SAT, INC. OR AN AUTHORIZED REPRESENTATIVE
OF USA SAT, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
FOR ANY CLAIM BY ANY OTHER PARTY. IN ADDITION, USA SAT, INC. SHALL NOT BE
LIABLE FOR ANY CLAIM BY YOU OR ANY OTHER PARTY FOR DAMAGES ARISING OUT OF
THE USE OR INABILITY TO USE SUCH USA SAT, INC. AND USER DOCUMENTATION AND
BASED UPON STRICT LIABILITY OR USA SAT, INC. NEGLIGENCE.
9. UPDATE POLICY. USA SAT, INC. may, at its sole discretion, advise you
of, and license your use of Product Updates and New Releases of the USA
SAT, INC. at the current prices for such Product Updates and New Releases.
In order to be advised of or to be licensed for the use of such USA SAT,
INC., you must complete and return the Registration Card to USA SAT, INC.
All Product Updates and New Releases which are provided to you shall be
governed by the same terms of this License Agreement.
10. This License Agreement shall be governed by the laws of the State of
Ohio, and shall inure to the benefit of USA SAT, INC. , its successors,
administrators, heirs and assigns. If any legal action is brought by
either party to this License Agreement regarding the subject matter of
this License Agreement, the prevailing party shall be entitled to recover,
in addition to any other relief, reasonable attorneys' fees and expenses.
11. Any notice or request hereunder shall be deemed to be sufficiently
given to the addressee and any delivery hereunder deemed to be made when
sent by registered mail to the USA SAT, INC. address shown at the end of
this agreement and Licensee addresses as returned on the Registration Card
12. USA Sat, Inc. reserves the right to change the terms, conditions, and
notices under which the USA SAT Sites/Services are offered, including but
not limited to the charges associated with the use of the USA SAT
Sites/Services, apply also to the design of SSL order form, used by the
Shopping Cart System users. You are responsible for regularly reviewing
these terms and conditions and additional terms posted on particular
websites. Your continued use of the USA SAT Sites/Services constitutes
your agreement to all such terms, conditions, and notices..
13. ACKNOWLEDGMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT,
UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO
AGREE THAT EXCEPTING THE SOFTWARE SUPPORT AGREEMENT, IF ANY, THIS
AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE
PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN,
AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT
MATTER OF THIS AGREEMENT. USA SAT, INC. MAKES NO WARRANTY THAT ANY USA SAT
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. |
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