PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE SOFTWARE. BY ACCESSING THE MATERIALS ON THE DISK YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND.
1. License. The stand alone applications ("Applications") and HTML documents ("Documents"), collectively referred to as software ("Software"), and related documentation ("Documentation") accompanying this License on CD (or diskette) are licensed to you by the University of Richmond. You own the media on which the Software is recorded but title, ownership rights, and intellectual property rights in the Software and any copies which this License authorizes you to make shall remain with the University of Richmond and/or its Licensors. The Software is protected by the copyright laws and treaties.
2. Permitted Uses and Restrictions. This License allows you to: (a) Use one copy of the Software on a single computer at a time, except as provided in Section 2(b). To "use" the Software means that the Software is either loaded in the temporary memory (i.e., RAM) of a computer or installed on the permanent memory of a computer (i.e., hard disk, etc.). With this license you may not transmit software over a network for use by others (students, faculty, employees) at any site or campus. (b) Make one copy of the Software in machine readable form solely for backup purposes. Additionally, only so long as the Software is installed only on the permanent memory of a single desktop computer which is not accessible by multiple computers and that single desktop computer is used by one user for at least 80% of the time the computer is in use, that same user may also make a copy of the Software to use on a portable or home computer which is primarily used by such user. (c) Modify the Documents for personal use only. You may not distribute modified Documents except through the University of Richmond. (d) Except as permitted by applicable law and this License, you may not decompile, reverse engineer, or disassemble the Applications, nor rent, lease, loan, distribute, or create derivative works from the Software. You may, however, transfer your rights under this License provided you transfer the related documentation, this License and a copy of the Software to a party who agrees to accept the terms of this License, and destroy any other copies of the Software in your possession. Your rights under this License will terminate automatically without notice from University of Richmond if you fail to comply with any term(s) of this License.
3. Limited Warranty. The University of Richmond warrants the media on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original purchase. To make a warranty claim, you must return the Software to the location where you obtained it, along with a copy of your sales receipt, within such ninety (90) day period. Your exclusive remedy under this paragraph shall be, at University of Richmond's option, the replacement of the Software or a refund of the license fee you paid for the Software. THE UNIVERSITY OF RICHMOND AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, THE UNIVERSITY OF RICHMOND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE UNIVERSITY OF RICHMOND OR A UNIVERSITY OF RICHMOND AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT THE UNIVERSITY OF RICHMOND OR A UNIVERSITY OF RICHMOND AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR THE UNIVERSITY OF RICHMOND'S OR ITS LICENSORS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, THE UNIVERSITY OF RICHMOND AND ITS LICENSORS MAKE NO AND EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL THE UNIVERSITY OF RICHMOND OR ITS LICENSORS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A UNIVERSITY OF RICHMOND REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IN NO EVENT SHALL THE UNIVERSITY OF RICHMOND'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID FOR THIS LICENSE TO THE SOFTWARE.
Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitation or exclusion may not apply to you. Also some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction.
4. 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, none of the Software may be used or otherwise exported or reexported (i) into (or to a national or resident of) a United States 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.
5. Government End Users. 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.
6. Governing Law and General Provisions. This Agreement will be governed by the laws in force in the State of Virginia excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement constitutes the entire Agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter, and may only be modified in writing signed by an authorized officer of the University of Richmond.