Profile End User
License Agreement
IF YOU DO NOT AGREE WITH THESE TERMS AND
CONDITIONS, DO NOT INSTALL THE SOFTWARE AND RETURN THIS ENTIRE
PACKAGE WITHIN 30 DAYS OF YOUR RECEIPT FOR A FULL REFUND.
Vericom Computers, Inc. ("Vericom") and its
suppliers provide computer software products contained on the CD in
the package or as a download (the "Software") and the associated
documentation contained in the package or download (the
"Documentation") and license their use under the terms set forth
herein. You assume responsibility for the selection of the Software
to achieve your intended results, and for the installation, use and
result obtained from the Software. Do not use the Software in any
case where significant damage or injury to persons, property or
business may happen if an error occurs.
LICENSE
1. You are granted a personal, non-transferable
and non-exclusive license to use one copy of the Software on two personal computers, one portable and one desktop, and to use the Documentation under the
terms stated in this Agreement. Title and ownership of the Software
and Documentation remain in Vericom or its suppliers.
2. You, your employees, and/or agents may not
distribute or otherwise make the Software or Documentation available
to any third party.
3. You may not assign, sublicense or transfer
this license and may not decompile, reverse engineer, modify, or
copy the Software or Documentation for any purpose, except you may
copy the Software into machine readable or printed form for backup
purposes in support of your use of the Software on two personal
computers. You may combine the Software with other computer software.
Any portion of the Software merged into or used in conjunction with
other computer software will continue to be the property of Vericom
or its suppliers and subject to the terms and conditions of this
Agreement.
4. The Software and Documentation are
copyrighted by Vericom and/or its suppliers. You agree to respect
and not to remove or conceal from view any copyright, trademark or
confidentiality notices appearing on the Software or Documentation,
and to reproduce any such copyright, trademark or confidentiality
notices on all copies of the Software and Documentation or any
portion thereof made by you as permitted hereunder and on all
portions contained in or merged into other computer software
products and documentation.
5. When you purchase
the Program, you will receive a unique registration code, or Key.
You may not publish or distribute this Key by any means without
direct authorization from us. If you do, your license to use the
Program is automatically terminated, you must remove the Program
from your computer(s), and you may be liable for legal damages.
YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE
SOFTWARE OR DOCUMENTATION, OR ANY COPY, MODIFICATION OR MERGED
PORTION, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN
THIS LICENSE. IF YOU TRANSFER POSSESSION OF ANY COPY, MODIFICATION
OR MERGED PORTION OF THE SOFTWARE OR DOCUMENTATION TO ANOTHER PARTY,
YOUR LICENSE IS AUTOMATICALLY TERMINATED.
TERM
This license is effective until terminated. You
may terminate it at any time by destroying the Software and
Documentation with all copies, modifications and merged portions in
any form. It will also terminate upon conditions set forth elsewhere
in this Agreement if you fail to comply with any term or condition
of this Agreement. You agree upon such termination to destroy the
Software and Documentation together with all copies, modifications
and merged portions in any form.
LIMITED WARRANTY
For thirty (30) days from your date of
purchase, Vericom warrants that (i) the Software will substantially
conform to the applicable user documentation and (ii) the media on
which the Software is distributed and the user documentation (if
any) are free from defects in materials and workmanship. Vericom
will, at its option, refund the amount you paid for the Software or
provide you with corrected items at no charge provided that the
defective item(s) is returned to Vericom within thirty (30) days
from the date of purchase. Any misuse or unauthorized modification
of the Software will void this limited warranty.
Except as specifically provided herein, Vericom
makes no warranty, representation, promise or guarantee, either
express or implied, statutory or otherwise, with respect to the
Software, Documentation or related technical support, including
their quality, performance, merchantability or fitness for a
particular purchase.
The warranty and remedies set forth herein are
exclusive and in lieu of all others, oral or written, express or
implied. No Vericom dealer, distributor, agent or employee is
authorized to make any modification or addition to this warranty.
This warranty gives you specific legal rights, and you may also have
other rights which vary from state to state.
LIMITATION OF LIABILITY
Because computer software is inherently complex
and may not be completely free of errors, it is your responsibility
to verify your work and to make backup copies, and Vericom will not
be responsible for your failure to do so.
In no event will Vericom be liable for
indirect, special, incidental, tort, economic, cover, or
consequential damages arising out of the use of or inability to use
Vericom products or services, including, without limitation, damages
or costs relating to the loss of profits, business, goodwill, data,
or computer programs, even if advised of the possibility of such
damages. In no case shall Vericom's liability for money damages
exceed the amount paid by you for the Software out of which such
claim arose. The foregoing limitations shall not apply to claims
relating to death or personal injury which arise out of products
deemed to be consumer goods under applicable law.
Some states or provinces do not allow the
exclusion or limitation of implied warranties or limitation of
liability for incidental or consequential damages, so the above
exclusion or limitation may not apply to you.
U.S. GOVERNMENT RESTRICTED RIGHTS
If the Software and Documentation (collectively
the "Software") are acquired on behalf of a unit or agency of the
United States Government this provision applies.
For units of the Department of Defense (DoD),
this Software is supplied only with "Restricted Rights" as that term
is defined in the DoD Supplement to the Federal Acquisition
Regulations, 52.227-7013(c)(1)(ii) and:
Use, duplication or disclosure by the
Government is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software
clause at DFARS 52.227-7013. Contractor: Vericom Computers, Inc.,
14320 James Road – Suite 200, Rogers, MN 55374.
Government personnel using this Software, other
than under a DoD contract or GSA Schedule, are hereby on notice that
use of this Software is subject to restricted rights which are the
same as or similar to those specified above.
GENERAL
This Agreement will be governed by the laws of
the Commonwealth of Minnesota. This product includes cryptographic
software and has received a classification from the Bureau of Export
Administration, US Department of Commerce and may be exported to
appropriate countries and end-users under authorization NLR. It is
the responsibility of the exporter to adhere to the Export
Administration Regulations and the conditions of such encryption
exports.