This is a legal agreement between you (either as an individual or entity), the end user licensee ("Licensee"), and S2ware ("S2ware"). If you do not agree to the terms of this Agreement, promptly return the unopened software envelope and other items that are a part of this software product in their original package, with your payment receipt to S2ware for a full refund.
No part of this software and all accompanying documentation, including manuals and containers (the "Software") may be copied or reproduced in any form or by any means without prior written consent of S2ware.
License Grant. S2ware grants to the Licensee a nonexclusive right, without right to a sublicense, to use this copy of this software on a single computer at a time unless otherwise stated in writing by S2ware. You may not rent or lease the Software, but you may transfer the Software on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile, or disassemble the Software. Further, you may not network the Software or otherwise use it on more than one computer or computer terminal at the same time. The Software is owned by S2ware and is protected by United States copyright law and international treaty provisions. Limited Warranty. S2ware warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days form the date of receipt. Any implied warranty on the Software is limited to 90 days. End User Remedies. S2ware's entire liability and your exclusive remedy shall be, for any breach of warranty, at S2ware's option, either (a) return of the price paid or (b) repair or replacement of the Software that does not meet S2ware's Limited Warranty; provided that the Software must be returned to S2ware with a copy of the receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period.
No Other Warranties. S2WARE DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE. S2WARE DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMNET OF THIRD-PARTY RIGHTS WITH RESPECT TO THE SOFTWARE. S2WARE'S LIMITED WARRANTY GIVES YOU SPECIFIC RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE TO STATE.
Limitation of Liabilities. IN NO EVENT SHALL S2WARE OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS S2WARE PRODUCT, EVEN IF S2WARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL S2WARE'S LIABILITY EXCEED THE LICENSE FEE PAID. THE ABOVE MAY NOT APPLY TO YOU BECAUSE SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
Term. This license is effective until terminated. You may terminate it at anytime by destroying the Software. It will also terminate upon conditions set forth elsewhere in the Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the Software together with all copies, modifications and merged portions in any form.
General. This is the entire agreement between you and S2ware, which supersedes any prior agreement whether written, or oral relating to the subject matter of this Agreement. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not effect remaining portions of the Agreement. The laws of the state of Rhode Island will govern this Agreement.