Please read this document carefully before opening the software
package or breaking any seals; by opening the package or breaking any
seals, you are agreeing to become bound by the terms of this
agreement which includes the software license and disclaimer or
warranty. If you do not agree to the terms of this agreement, do not
open the package or break any seals. Promptly return the unopened
package to the place where you obtained it for a full refund. The
enclosed computer program ("Faulkner Press Software") is licensed,
not sold, to you for use only under the terms of this license and
Faulkner Press reserves any rights not expressly granted to you. You
own the disk on which the Faulkner Press Software is originally or
subsequently recorded or fixed, but Faulkner Press retains ownership
of all copies of the Faulkner Press Software itself.
1. License. This license allows you to:
- a) Use the Faulkner Press Software or its drivers on a single
computer. You may not use the Faulkner Press Software or its
drivers on more than one computer simultaneously. You must
purchase an additional copy of the Faulkner Press Software for
each computer on which you want the Faulkner Press Software or its
drivers to run simultaneously.
- b) Make one copy of the Faulkner Press Software located on
your hard drive in machine-readable form solely for backup
purposes. The Faulkner Press Software is protected by United
States copyright law. You must reproduce the Faulkner Press
copyright notice and any other proprietary legends that were on
the original copy.
- c) Transfer the Faulkner Press Software and all rights under this license to another party together with a
copy of this Agreement provided you give Faulkner Press written
notice of the transfer and the other party reads and agrees to
accept the terms and conditions of the Agreement.
2. Restrictions.
You may not distribute copies of the Faulkner Press Software to
others or electronically transfer the Faulkner Press Software from
one computer to another over a network. The Faulkner Press Software
contains trade secrets, and in order to protect them you may not
decompile, reverse engineer, disassemble, or otherwise reduce the
Faulkner Press Software to a human-perceivable form. You may not
modify, adapt, translate, rent, lease, loan, resell for profit,
distribute, network, or create derivative works based upon the
Faulkner Press Software or any part thereof.
3. Termination.
This License is effective until terminated. This License will
terminate automatically without notice from Faulkner Press if you
fail to comply with any provision of this License. You may terminate
this License at any time by destroying the Faulkner Press Software
and all copies thereof.
4. Export Law Assurances.
You agree and certify that neither the Faulkner Press Software nor
any direct product thereof is being or will be shipped, transferred,
or reexported, directly or indirectly, into any country prohibited by
the United States Export Administration Act and the regulations
thereunder or will be used for any purpose prohibited by the same.
5. Government and University End Users.
If this Faulkner Press Software is acquired by or on behalf of a
unit or agency of the United States Government this provision
applies. This Faulkner Press Software
- (a) was developed at private expense, and no part of it was
developed with government funds,
- (b) is a trade secret of Faulkner Press for all purposes of
the Freedom of Information Act,
- (c) is "commercial computer software" subject to limited
utilization as provided in the contract between the vendor and the
governmental entity, and
- (d) in all respects is proprietary data belonging solely to
Faulkner Press, LLC.
For units of the Department of Defense (DoD), this Faulkner Press
Software is sold only with "Restricted Rights" as that term is
defined in the DoD Supplement to the Federal Acquisition Regulations,
52.227-7013 (b) (3) (ii), and use, duplication, or disclosure is
subject to restrictions as set forth in subdivision (b) (3) (ii) of
the Rights in Technical Data and Computer Software clause at
52.227-7013. Manufacturer: Faulkner Press, LLC. If this Faulkner
Press Software was acquired under a GSA schedule, the Government has
agreed to refrain from changing or removing any insignia or lettering
from the Software or the documentation that is provided, or from
producing copies of manuals or disks (except one copy for backup
purposes). The Government has also agreed to the following terms:
- 1) Title to and ownership of this Faulkner Press Software and
documentation and any reproductions thereof shall remain with
Faulkner Press LLC.;
- 2) Use of this Faulkner Press Software and documentation shall
be limited to the facility for which it is acquired; and
- 3) If the use of the Faulkner Press Software is discontinued
at the installation specified in the purchase/delivery order and
the Government desires to use it at another location, it may do so
by giving prior written notice to Faulkner Press, LLC., specifying
the type of computer and new location site. Governmental personnel
using this Faulkner Press Software, other than under a DoD
contract or GSA Schedule, are hereby on notice that use of this
Faulkner Press Software is subject to restrictions that are the
same as or similar to those specified above.
6. Disclaimer of Warranty.
The Faulkner Press Software is provided "as is" without warranty
of any kind, either express or implied, including without limitation
any warranty with respect to its merchantability or its fitness for
any particular purpose. The entire risk as to the quality and
performance of the Faulkner Press Software is with you. Should the
Faulkner Press Software prove defective, you (and not Faulkner Press
or a Faulkner Press authorized representative) assume the entire cost
of all necessary servicing, repair or correction.
Faulkner Press does not warrant that the functions contained in
the Faulkner Press Software will meet your requirements or that the
operation of the Faulkner Press Software will be uninterrupted or
error free, or that defects in the Faulkner Press Software will be
corrected. Some states do not allow the exclusion of implied
warranties, so the above exclusion may not apply to you. This
warranty gives you specific legal rights, and you may also have other
rights, which vary from state to state.
7. Limitation of Remedies and Damages.
In no event will Faulkner Press be liable (i) to you for any
incidental, consequential, or indirect damages (including damages for
loss of business profits, business interruption, loss of business
information, or other similar losses) arising out of the use of or
inability to use any Faulkner Press Software even if Faulkner Press
or any authorized Faulkner Press Representative has been advised of
the possibility of such damages, or (ii) for any claim by any other
party.
Because some states do not allow the exclusion or limitation of
liability for consequential or incidental damages, the above
limitations may not apply to you. Faulkner Press's liability to you
for actual damages for any cause whatsoever, and regardless of the
form of the action, will be limited to the money paid for the
Faulkner Press Software that caused the damages or that is the
subject matter of, or is directly related to, the cause of action.
8. General.
This Agreement will be constructed under the laws of the state of
Florida, except for that body of law dealing with conflicts of law.
If any provision of this Agreement shall be held by a court of
competent jurisdiction to be contrary to law, that provision will be
enforced to the maximum extent permissible, and the remaining
provisions of this Agreement will remain in full force and effect.
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