Banyon Data Systems
SOFTWARE LICENSE AGREEMENT Do not load or use this software and any associated materials (collectively, the "Software") until you have read the following terms and conditions. By loading or using the Software program(s), you agree to the terms of this Agreement. If you fail to understand or simply decide not to agree with the terms of this Agreement, do not install the Software program(s) and do not use the Software program(s). This is a legal agreement (the "Agreement") between Banyon Data Systems, Inc. ("BDS") and you, the Licensee for the accompanying BDS software program(s). By installing, downloading and using the Software, Licensee agrees to be bound by the terms and conditions of this agreement. In consideration of the promises and covenants hereafter set forth, including, without limitation, those rights granted herein by BDS that exceed the rights otherwise permitted under applicable copyright laws, Licensee and BDS agree as follows: 1. TERM OF AGREEMENT This Agreement is effective until terminated. This Agreement will terminate immediately, without notice from BDS, if Licensee fails to comply with any provisions of this Agreement. Upon termination, Licensee will promptly destroy all copies of the software. 2. LIMITATION OF LIABILITY IN NO EVENT SHALL BDS BE LIABLE FOR ANY LOST PROFITS, OR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF, DAMAGE TO OR INTERFERENCE WITH SYSTEMS, PROGRAMS OR DATA, EVEN IF BDS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. 3. SCOPE OF RIGHTS BDS hereby grants the Licensee a worldwide, nonexclusive, nontransferable license to use one copy of the Software as written, programmed and designed, solely with a Windows-based computer system or network (under one roof)qualified to run the BDS software program(s). This license does not include the right to sublicense any of these rights. Licensee may not disassemble or decompile the software. 4. NO WARRANTY BDS PROVIDES THE PROGRAMS "AS IS". BDS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BDS DOES NOT WARRANT THAT THE OPERATION OF THE PROGRAMS WILL BE WITHOUT INTERRUPTION OR ERROR FREE. 5. OWNERSHIP; COPYRIGHT NOTICE The software is owned by Banyon Data Systems, Inc. and is protected under United States laws. NO, MAYBE LATER AGREE
SOFTWARE LICENSE AGREEMENT Do not load or use this software and any associated materials (collectively, the "Software") until you have read the following terms and conditions. By loading or using the Software program(s), you agree to the terms of this Agreement. If you fail to understand or simply decide not to agree with the terms of this Agreement, do not install the Software program(s) and do not use the Software program(s). This is a legal agreement (the "Agreement") between Banyon Data Systems, Inc. ("BDS") and you, the Licensee for the accompanying BDS software program(s). By installing, downloading and using the Software, Licensee agrees to be bound by the terms and conditions of this agreement. In consideration of the promises and covenants hereafter set forth, including, without limitation, those rights granted herein by BDS that exceed the rights otherwise permitted under applicable copyright laws, Licensee and BDS agree as follows: 1. TERM OF AGREEMENT This Agreement is effective until terminated. This Agreement will terminate immediately, without notice from BDS, if Licensee fails to comply with any provisions of this Agreement. Upon termination, Licensee will promptly destroy all copies of the software. 2. LIMITATION OF LIABILITY IN NO EVENT SHALL BDS BE LIABLE FOR ANY LOST PROFITS, OR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF, DAMAGE TO OR INTERFERENCE WITH SYSTEMS, PROGRAMS OR DATA, EVEN IF BDS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. 3. SCOPE OF RIGHTS BDS hereby grants the Licensee a worldwide, nonexclusive, nontransferable license to use one copy of the Software as written, programmed and designed, solely with a Windows-based computer system or network (under one roof)qualified to run the BDS software program(s). This license does not include the right to sublicense any of these rights. Licensee may not disassemble or decompile the software. 4. NO WARRANTY BDS PROVIDES THE PROGRAMS "AS IS". BDS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BDS DOES NOT WARRANT THAT THE OPERATION OF THE PROGRAMS WILL BE WITHOUT INTERRUPTION OR ERROR FREE. 5. OWNERSHIP; COPYRIGHT NOTICE The software is owned by Banyon Data Systems, Inc. and is protected under United States laws.
NO, MAYBE LATER AGREE
