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SOFTWARE LICENSE AGREEMENT

READ THE TERMS AND CONDITIONS BELOW BEFORE OPENING THE DISKETTE OR CD-ROM PACKAGE AND INSTALLING THE SOFTWARE OR SIGNING THE SALES ORDER OR LICENSE AGREEMENT.

WHAT THIS IS. This contains the AM Products License Agreement (the "Agreement') which will govern your use of the AM Products Software.

YOU AGREE TO THE TERMS OF THIS AGREEMENT BY THE ACT OF OPENING THE SEALED DISKETTE OR CD-ROM AND INSTALLING THE SOFTWARE OR SIGNING THE SALES ORDER OR LICENSE AGREEMENT. DO NOT OPEN THE SEALED PACKAGE OR INSTALL THE SOFTWARE OR SIGN THE SALES ORDER OR LICENSE AGREEMENT WITHOUT FIRST READING, UNDERSTANDING, AND AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU MAY RETURN THIS PRODUCT TO AM PRODUCTS FOR A FULL REFUND BEFORE OPENING THE SEALED PACKAGE.

GRANT OF LICENSE. If you have purchased a license, AM Products hereby grants you, and you accept a limited license to use the CD-ROM or diskettes, computer product, manuals and any related hardware or materials, as well as all updates (collectively called the "Software" in this Agreement). You may use the Software only on a single computer or on its temporary or permanent replacement. If you wish to use the Software on more than one computer, you must either license an additional copy of the Software or obtain a multi-use license from AM Products. You understand that you have no right to assign sub license or "transfer the software and you have no access to the source code or source code documentation

TERM. This Agreement is effective from the day you agree to the terms of the Agreement either through a signed writing or by opening the sealed package or installing the software and continues until you return the original CD-ROM or diskette and any related materials to AM Products and certify in writing that you have destroyed any archival copies you may have recorded on any storage system. 

AM PRODUCTS RIGHTS. You acknowledge that the Software is the sole and exclusive property of AM Products. By accepting this Agreement you do not become the owner of the Software, but you do have the right to use the Software in accordance with this Agreement. You agree to use your best efforts and all reasonable steps to protect the Software from use, reproduction, or distribution, except as authorized by this Agreement. You agree not to disassemble, decompose, or otherwise reverse engineer the Software.

CD-ROM - ORIGINAL AND COPIES. The magnetic or optical material enclosed contains an original AM Products label. Use the original material to make "back-up" or archival copies. Other than these archival copies, you agree that no other copies of the Software will be made.

LIMITED WARRANTY. AM Products warrants for a period of (30) days from the date of purchase that, (I) under normal use the material of the CD-ROM, diskettes, manuals and any related hardware or materials will not proven defective; (II) the Software program will prove to operate substantially in accordance with what is described in the AM Products advertising; (III) the Software program is properly recorded on the CD-ROM, diskettes; and (IV) the manuals or CD-ROM and Diskettes are substantially complete and contain all information which AM Products deems necessary for the use of the Software. If during the 30-day period, the Software should fail to meet the above warranty, you may return it for replacement, at AM Products option.

EXCEPT FOR THE LIMITED WARRANTY DESCRIBED ABOVE, THERE ARE NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, PROVIDED WITH THIS SOFTWARE OR ANY SUPPLIED DATA. THESE INCLUDE, BUT ARE NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED

LIABILITY. You agree that AM Products liability for any damages to you or to any other party shall not exceed the license fee paid for the Software.

AM PRODUCTS WILL NOT BE RESPONSIBLE FOR ANY DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,

INCLUDING, FOR EXAMPLE, LOSS OF PROFITS RESULTING FROM THE USE OF THE SOFTWARE OR ARISING OUT OF ANY BREACH OF THE WARRANTY, EVEN IF AM PRODUCTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. You may also have other rights, which vary, from state to state,

TERMINATION OF AGREEMENT. If the license fee is not paid in full or if any of the terms and conditions of this Agreement are broken, AM Products has the right to terminate the Agreement and request that you return the Software to AM Products. At that time you must also certify in writing that you have not retained any copies of the Software.

GOVERNING LAW. This Agreement is to be governed by, and interpreted in accordance with, the laws of the State off Florida and the United States. Any terms or conditions of this Agreement found to be unenforceable, illegal, or contrary to public policy in any jurisdiction will be deleted, but will not affect the remaining terms and conditions of the Agreement.

ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between you and AM Products.

© 1998 - 2003 AM Products Inc

 

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