PLEASE READ LICENSE PURCHASE AGREEMENT CAREFULLY BEFORE USING THE ENCLOSED COMPUTER PROGRAM(S) ("SOFTWARE"). BY USING THE SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNUSED SOFTWARE ALONG WITH THE REST OF THE PACKAGE, TO THE PLACE WHERE YOU OBTAIN IT.
The Software is licensed, not sold, to you by PenPowerInc for use only under the following terms, and PenPowerInc reserves any right not expressly granted to you. You own the media on which any Software is recorded, but PenPowerInc retains ownership of all copies of the Software itself.
(a) Use the Software only in conjunction with a single user computer system at a time.
(b) Transfer all copies, updates and prior versions of the Software, including the backup copy of the Software, the related documentation and this Agreement to a third party provided the other party reads and agrees to accept the terms and conditions of this Agreement, and you retain no copies of the Software, including copies stored on a computer.
(c) Make one backup copy of the Software, provided your backup copy is not installed or used on any computer.
The Software contains copyrighted material, trade secrets, and other proprietary information which are owned by PenPower Inc. In order to protect the owner, you may not de-compile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. You may not modify, network, rent, lease, loan, sell, distribute or create derivative works based upon the Software in whole or in part. You may not copy the Software and related explanatory written materials, except as set forth in the "License" section. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software.
This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying the Software and all copies thereof. This Agreement will terminate immediately without notice from PenPowerInc if you fail to comply with any provision of this Agreement. Upon termination, you must destroy the Software and all copies thereof.
THIS SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS ARE LICENSED "AS IS". IN NOEVENT WILL PenPower INC, OR ITS DEVELOPERS, DIRECTORS, OFFICERS, EMPLOYEES, ORAFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGE(INCLUDING DAMAGE FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESSINFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWAREOR ACCOMPANYING WRITTEN MATERIALS EVEN IF DYNACOMWARE OR AN AUTHORIZED DYNACOMWARE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. PenPower INC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILLMEET YOUR REQUIREMENT OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTEDOR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
This Agreement constitute the entire agreement between the parties thereto, and any waiver, amendment or modificationhereto shall not be binding unless made in writing and signed by an authorized representative of PenPower Inc. If anyprovision of this Agreement shall be held by a court of competent jurisdiction to be void, that provision will be enforced tothe maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect. This Agreement is interpreted and governed by the laws.