Brentmark Software, Inc. (“Brentmark”) is willing to license the Software only upon the condition that you accept all of the terms contained in this Software License Agreement. Please read the terms carefully. By opening the product package and/or installing the Software, you will indicate your agreement with them. If you are entering into this agreement on behalf of a company or other legal entity, your acceptance represents that you have the authority to bind such entity to these terms, in which case “you” or “your” shall refer to your entity. If you do not agree with these terms, or if you do not have the authority to bind your entity, then you should return the software for a full refund.
The Software is protected by intellectual property laws including United States copyright law and treaties. The Software is licensed, not sold.
Grant of License
General License Grant to Install and Use Software. You may install and use one copy of the Software on a single computer, device, workstation, terminal, or other digital electronic or analog device ("Device"). You may make a second copy of the Software and install it on a portable Device for the exclusive use of the person who is the primary user of the first copy of the Software. A license for the Software may not be shared.
Alternative License Grant for Storage/Network Use. As an alternative to the rights granted in the previous section, you may install a copy of the Software on one storage Device, such as a network server, and allow individuals within your business or enterprise to access and use the Software from other Devices over a private network, provided that you acquire and dedicate a license for each separate Device from which the Software is accessed and used. A license for the Software may not be used concurrently on different Devices.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Brentmark Software, Inc. warrants the physical diskette(s) enclosed herein to be free of defects in materials and workmanship for a period of sixty days from the purchase date. If Brentmark receives notification within the warranty period of defects in materials or workmanship, and such notification is determined by Brentmark to be correct, Brentmark will replace the defective diskette(s).
The entire and exclusive liability and remedy for breach of this Limited Warranty shall be limited to replacement of defective diskette(s) and shall not include or extend to any claim for or right to recover any other damages, including but not limited to, loss of profit, data or use of the Software, or special, incidental or consequential damages or other similar claims, even if Brentmark has been specifically advised of the possibility of such damages. In no event will Brentmark’s liability for any damages to you or any other person ever exceed the lower of suggested list price or actual price paid for the license to use the Software, regardless of any form of the claim.
BRENTMARK SOFTWARE, INC. SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Specifically, Brentmark makes no representation or warranty that the Software is fit for any particular purpose and any implied warranty of merchantability is limited to the 60-day duration of the Limited Warranty covering the physical diskette(s) only (and not the Software) and is otherwise expressly and specifically disclaimed.
The limited warranty gives you specific legal rights; you may have others that may vary from state to state. Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to you.
Governing Law and General Provisions
The License Statement and Limited Warranty shall be construed, interpreted and governed by the laws of the State of Florida and any action hereunder shall be brought only in Florida. If any provision is found void, invalid or unenforceable it will not affect the validity of the balance of this License and Limited Warranty that shall remain valid and enforceable according to its terms. If any remedy hereunder is determined to have failed of its essential purpose, all limitations of liability and exclusion of damages set forth herein shall remain in full force and effect. This License and Limited Warranty may only be modified in writing signed by you and a specifically authorized representative of Brentmark. All rights not specifically granted in this statement are reserved by Brentmark.