CrossWords
Standard License Agreement
Levit
& James, Inc. (L&J) provides this program and licenses its use.
LICENSEE ("YOU") AGREE TO PAY L&J IN FULL FOR THIS PROGRAM WITHIN
30 DAYS OF OPENING THIS ENVELOPE, OR TO TERMINATE THIS LICENSE AND TO DESTROY
ALL COPIES OF THE PROGRAM, AND TO DESTROY ANY CONVERTED DOCUMENTS NOT YET
EDITED, unless otherwise agreed to in writing by L&J.
You
understand that the program may contain passwords, date checks and other
security measures which restrict its usage. Once this program has been paid for
in full, L&J agrees to provide a password for disabling any security
measures which would prevent program from functioning on licensed equipment
during the term of this agreement. Certain changes in system setup may require
new passwords in the future.
DEFINITIONS
"Casual Use" means conversion of documents which You
create, edit, or print, which documents are either received from, or sent to,
other entities or home computers employing a different word processing system.
"Conversion Use" means conversion of a substantial portion of
Your documents, for purposes associated with a change in the principal word
processing system You use.
"Service Bureau Use" means conversion of any documents which have not been, and will not be, created, edited or printed by You.
"Seats" means the maximum number of individual persons in the licensed organization who have ever used any word processing software in the course of any single month.
TERM
This license is effective until terminated or until December 31, 2004, whichever occurs first. You may terminate it at any time by destroying the program together with all copies and modifications in any form. It will also terminate if you fail to comply with the terms and conditions of this License Agreement.
CONFIDENTIALITY
1. You will protect the confidential nature of the "licensed program" in the same manner and to the same degree that you protect your own confidential materials of similar nature.
2. You will not disclose or permit the disclosure or duplication of the licensed program or any part thereof to any persons other than your authorized employees or for any purpose other than for use by licensee for your internal business purpose.
3. You acknowledge that the licensed program contains copyrighted material, trade secrets, and proprietary and confidential information.
4. You may duplicate all or part of the CrossWords documentation and as many copies as needed for your own usage. This does not entitle you to resell copies to other parties for profit.
5.
You
will not reverse engineer, create, or attempt to create, or permit or help
other persons to reverse engineer, create, or attempt to create the source
code, or otherwise duplicate significant functions, of the licensed program, or
to defeat or attempt to defeat the security measures contained in the programs.
1. You may store and/or use the program on any PC or Network Server you own.
2. You may use the program for the form of use for which it has been licensed. If licensed for "Conversion Use", it may be used for "Casual Use" as well.
3. You may allow each of your employees, officers, or members to install the program on one notebook computer and/or one home computer, provided that they agree to use the program only for converting Your documents, in accordance with the provisions of this License.
4. You may make an appropriate number of copies of the program for backup purposes.
1. You agree to notify Levit & James of any increase in the number of Seats, and to pay an additional license fee to Levit & James, which shall not exceed the difference in the then-current list price for the number of seats.
2. You agree NOT to use the program for any purpose or form of Use other than that for which it has been licensed, except that you may upgrade from Casual Use to Conversion Use by paying an additional fee, which shall not exceed the difference in the then-current list price for the number of seats.
3. YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE PROGRAM, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS LICENSE.
This program is provided "as is" without any warranty of any kind, either expressed or implied including but not limited to the implied warranties of any merchantability and fitness for a particular purpose. Some states do not allow the exclusion of implied warranties so the exclusion may not apply to you. Levit & James Inc., does not warrant the functions contained in the program will meet your requirements or that the program operation will be uninterrupted or error free.
Levit & James Inc., does warrant the media on which the program is furnished to be free from defects and workmanship for a period of 90 days from the date of delivery to you. L&J agrees that it will provide a password for disabling any security measures which prevent the software from functioning within the terms of the license, within 10 days of receiving payment in full.
Levit & James Inc.'s entire liability and your exclusive remedy shall be as follows:
1.
Levit
& James shall replace any media not meeting Levit & James, Inc.'s
"Limited Warranty" and which is returned to Levit & James Inc.
with a copy of your receipt or other proof of payment; and to provide a password
as provided in the "Limited Warranty.”
2. If Levit & James Inc. is unable to deliver replacement media which is free of defects in materials or workmanship, you may terminate this License Agreement by returning the program for a complete refund.
IN NO EVENT WILL LEVIT & JAMES, INC. BE
LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR
OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY
TO USE THIS PROGRAM, OR FOR ANY CLAIM BY ANOTHER PARTY.
Some states do not allow the limitation or exclusion of liability for incidental or consequential damages so this limitation may not apply to you.
You agree that this is the complete and exclusive statement of the agreement which supersedes any prior agreement or other communication between us on this subject. You agree that this agreement shall be construed under, and governed by, the laws of the Commonwealth of Virginia, USA.