END-USER LICENSE AGREEMENT FOR DISOFT SOFTWARE

IMPORTANT-READ CAREFULLY: This is a legal agreement between you (either an individual or a single entity) and DISoft Company for the software product(s) accompanying this agreement, which include(s) computer software and may include "online" or electronic documentation, associated media, and printed materials ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT or any UPDATES (as defined below), you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install, copy, or otherwise use the SOFTWARE PRODUCT; you may, however, return it to your place of purchase for a full refund. In addition, by installing, copying, or otherwise using any updates or other components of the SOFTWARE PRODUCT that you receive separately as part of the SOFTWARE PRODUCT ("UPDATES"), you agree to be bound by any additional license terms that accompany such UPDATES. If you do not agree to the additional license terms that accompany such UPDATES, you may not install, copy, or otherwise use such UPDATES.

SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. NOTE: The terms of a printed, paper Agreement which may accompany the SOFTWARE PRODUCT supersede the terms of any on-screen Agreement found within the SOFTWARE PRODUCT. 

LICENSE TO USE SOFTWARE PRODUCT 

1. General License Grant. You may install and use one copy of the SOFTWARE PRODUCT on a single computer. 

2. Not for Resale Software. You may not use the SOFTWARE PRODUCT for commercial purposes nor sell, or otherwise transfer it for value.  

3. No rental or leasing. You may not rent, lease or lend to third parties the SOFTWARE PRODUCT. 

4. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not modify, reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The SOFTWARE PRODUCT is licensed as a single product.  

5. Software Transfer. You may permanently and wholly transfer all of your rights under this Agreement, provided you (a) retain no copies (whole or partial), (b) permanently and wholly transfer any and all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this Agreement, and, if applicable, the Certificate of Authenticity) to the recipient, and (c) the recipient first agrees to abide by all of the terms of this Agreement. If the SOFTWARE PRODUCT is an upgrade, any transfer must include any and all prior versions of the SOFTWARE PRODUCT and any and all of your rights therein, if any. 

6. Support Services. DISoft may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). The provision and use of Support Services is governed by the DISoft policies and programs described in the SOFTWARE PRODUCT user manual and/or in "online" documentation. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this Agreement. With respect to technical information you provide to DISoft as part of the Support Services, DISoft may use such information for its business purposes, including for product updates and development. 

7. Upgrades and Subscription. If the SOFTWARE PRODUCT is labeled or otherwise identified as an "upgrade" or "subscription", you must be properly licensed to use a product identified as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT, labeled or otherwise identified as an upgrade, replaces and/or supplements the product that formed the basis for your eligibility for such upgrade. You may use the resulting upgraded product only in accordance with the terms of this Agreement. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

8. Termination. Without prejudice to any of DISoft’s other rights, DISoft may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy any and all copies of the SOFTWARE PRODUCT and all of its component parts.

COPYRIGHT AND TRADEMARKS 

1. All title, trademarks and copyrights in and pertaining to the SOFTWARE PRODUCT, the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned or licensed by DISoft or its affiliated companies. The SOFTWARE PRODUCT is protected by copyright and trademark laws and international treaty provisions. You may make one copy of the SOFTWARE PRODUCT for back-up and archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

2. You may not remove, modify or alter any DISoft copyright or trademark notice from any part of the SOFTWARE PRODUCT, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or otherwise created by the SOFTWARE PRODUCT.

NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISOFT AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DISOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF DISOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, DISOFT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A DISOFT SUPPORT SERVICES AGREEMENT, DISOFT'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
