PERFORM Software License Agreement
INSTALLING THIS SOFTWARE PROGRAM MEANS THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, RETURN THE PACKAGE TO MICHAEL V. PETROVICH FOR A REFUND OF THE PURCHASE PRICE.
You understand and acknowledge that the PERFORM Software is a proprietary product of Michael V. Petrovich (MP) and are protected by Copyright law. You also agree that MP retains title and ownership of the PERFORM Software. You agree that the PERFORM Software remains the property of MP, by that MP grants to you a nonexclusive license to use the PERFORM Software subject to this Agreement.
You agree that the PERFORM Software is licensed to you for your use, and that this license is not a sale of the original Software or any copy.
You agree that you may make backup or archival copies of the PERFORM Software to protect your investment from loss and/or to run this Software from a fixed disk or other storage media.
You agree that neither the PERFORM Software diskettes nor any copies made may be given, distributed, transferred, loaned, leased, or sold to any other person, company or entity unless you transfer or erase any and all copies of this Software which you have made, and that the person, company, or entity to whom or which this Software is transferred consents to the terms of this Agreement. Any such transfer terminates your license of the PERFORM Software.
You agree that you may not make any copies of this Software other than those which are specifically authorized above without the separate express written approval of MP.
You agree that you may not decompile, disassemble, reverse engineer, change, or modify this Software or any copy, in whole or in part, for any purpose, without express written authorization from MP.
One licensed copy of the PERFORM software may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation used nonsimultaneously by multiple people, but not both. You may also store or install a copy of the PERFORM software on the a computer to allow your other computers to use the PERFORM software over an internal network, and distribute the PERFORM software to your other computers over an internal network. However, you must acquire and dedicate a license for the PERFORM software for each computer on which the PERFORM software is used or to which it is distributed. A license for the PERFORM software may not be shared or used concurrently on different computers.
You agree that MP designed the PERFORM Software, and that with proper application this Software will perform substantially as intended. You also agree that MP does not warrant that the functions contained in this Software will meet your particular requirements or that the operation of this Software will be uninterrupted or error-free. Files or Diskettes delivered to you on or in which this software is recorded are free from defects in materials and faulty workmanship under normal use. The representations above do not cover items damaged, modified, or misused after delivery to you.
If a diskette or Files should prove defective or if this Software does not perform substantially as intended, you shall immediately return any defective original diskette or non-conforming Software to MP and, as your sole remedy, MP shall either replace the diskette or Software or refund the purchase price at MP's election.
THE FOREGOING WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD OF 90 DAYS FROM THE DATE OF ORIGINAL DELIVERY TO YOU. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ON THE DISKETTES AND THE SOFTWARE. MP SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOST DATA, EVEN IF MP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE), WHETHER RESULTING FROM DEFECTS IN THE DISKETTE(S) OR FROM ANY DEFECT IN THE SOFTWARE ITSELF OR DOCUMENTATION THEREOF. IN NO EVENT SHALL THE LIABILITY OF MP FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OR PERFORMANCE OF THE SOFTWARE OR DISKETTE(S) EXCEED THE LICENSE FEE ACTUALLY PAID BY YOU.
Any implied warranties which are found to exist are hereby limited in duration to the 90-day life of the express warranties on the diskettes given above. Some states do not allow the exclusion or limitation on how long implied warranties last, so these exclusions or limitations may not apply to your Warranties give you specific legal rights and you may also have other rights which vary from state to state.
You agree that if you violate any of the terms and conditions in this Agreement, MP may terminate this Agreement and the license granted and shall be entitled to all rights and remedies available in law or equity, including, without limitation, specific performance. Upon termination of this Agreement, you agree to return your copy of this Software to MP at your expense and to erase any and all copies of this Software which you have made.
This Agreement is construed in accordance with, and governed by, the laws of the State of Washington and the United States of America. Should any part of this Agreement be declared invalid or unenforceable, the validity and enforceability of the remainder of this agreement shall not be affected thereby. This Agreement can only be modified by a written agreement signed by you and MP.