Connectix Corporation License Agreement

THIS AGREEMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND CONNECTIX CORPORATION ("CONNECTIX").  PLEASE READ THIS LICENSE AGREEMENT CAREFULLY, THEN CLICK EITHER AGREE OR DISAGREE. BY CLICKING "AGREE" YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS  LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE,  CLICK "DISAGREE" AND RETURN THE CONNECTIX PRODUCT TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND.

1. Grant of License.  Connectix grants you the right to use this copy of the Connectix software program and accompanying documentation in written or electronic form (the "Software") on a single computer (i.e. with a single CPU). You may not network the software or otherwise use it on more than one computer or terminal at the same time.

2.  Copy Restrictions; Ownership of Software.  You own the media on which the program is recorded; Connectix retains title to the Software including copies, regardless of form or media, and to all copyrights therein.  The Software and accompanying materials are copyrighted.  You may either (a) transfer the Software to a single hard disk and retain the original Software for back-up purposes, or (b) make one copy of the Software solely for backup or archival purposes. 

3.  Transfer Restrictions.  You may transfer the Software with a copy of this Agreement to another party only on a permanent basis and only if the other party accepts the terms and conditions of this Agreement.  Upon such transfer, you must transfer all accompanying written materials, and either transfer or destroy all copies of the Software.  You may not lease, rent, sublicense, merge, reverse engineer, decompile or disassemble the Software.

4.  Termination.  This License is effective until terminated.  The License will terminate automatically without notice from Connectix if you fail to comply with any provision of the License.  You may voluntarily terminate at any time.  Upon termination, you agree to destroy or purge all copies of the Software and accompanying written materials.

5. LIMITED WARRANTY.  As its only warrant under this Agreement, Connectix warrants the media, if any, on which the Software is provided to be free from defects in materials under normal use for a period of 90 days from the date of the delivery to you as evidenced by your purchase receipt.  EXCEPT AS EXPRESSLY WARRANTED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU.  CONNECTIX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE OR THAT PROGRAM DEFECTS WILL BE CORRECTED.  SOME STATE DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  THIS WARRANTY GIVES YOU SPECIFIC, LIMITED RIGHTS, YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

6.  LIMITATION OF LIABILITY.  Connectix's entire liability and your sole remedy under this License is, at Connectix's option, either (a) return of payment as evidenced by a copy of your purchase receipt; or (b) replacement of media not meeting Connectix's Limited Warranty.  IN NO EVENT WILL CONNECTIX OR ITS VENDORS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, INFORMATION, OR USE) EVEN IF CONNECTIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME STATE DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

7.  Governing Law.  This Agreement is governed by the laws of the State of California.

8.  U.S. Government Restricted Rights.  If the Software is supplied to the United States Government, the Software is classified as "restricted computer software" as defined in  clause 52.227-19 of the FAR.  The United States Government's rights to the Software are as provided in clause  52.227-19 of the FAR.

9. Export Law Assurances. You may not use or otherwise export or reexport the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported  or reexported (i) into (or to a national or resident of) any  U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders.  By using the Software, you represent and warrant that  you are not located in, under control of, or a national or  resident of any such country or on any such list.