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版本历史记录
- 版本 2006 发布于 2006-01-26
软件信息
终端用户许可协议
END USER LICENSE AGREEMENT IMPORTANT - READ THIS AGREEMENT BEFORE YOU CLICK ON THE I AGREE BUTTON AT THE BOTTOM OF THIS PAGE TO INSTALL THIS SOFTWARE. BY SELECTING THE I AGREE BUTTON BELOW, OR BY DOWNLOADING OR COPYING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED IN THIS AGREEMENT. IF YOU SELECT I DO NOT AGREE, THE INSTALLATION PROCESS WILL NOT PROCEED. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT INSTALL OR USE THE SOFTWARE AND RETURN THE SOFTWARE AND ALL WRITTEN MATERIALS RECEIVED THEREWITH TO CASTLE COMPUTER TECHNOLOGIES. PROVIDED RETURN IS MADE WITHIN TEN DAYS AFTER DELIVERY OF THE SOFTWARE TO YOU, YOU WILL BE GIVEN A FULL REFUND OF THE PURCHASE PRICE ACTUALLY PAID TO CASTLE COMPUTER TECHNOLOGIES. 1. GRANT OF LICENSE. Castle Computer Technologies grants you a personal license to install and use the SOFTWARE on no more than two computers controlled by you (e.g. a desktop computer and laptop computer normally used by the same person at different times), provided the SOFTWARE is not used on more than one computer system simultaneously; any such simultaneous use requires a separate license for each computer system. The license granted hereunder does not permit you to network the SOFTWARE. The SOFTWARE has not been sold to you, and is instead only licensed for use, strictly in accordance with this Agreement. Castle Computer Technologies reserves any and all rights not expressly granted to you under this End User License Agreement. 2. COPYRIGHT. The SOFTWARE is owned by Castle Computer Technologies and is protected by United States copyright laws and international treaty provisions. You may make a copy of the SOFTWARE solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE. The SOFTWARE is not for resale, may not be resold, transferred or used for any purpose(s) other than your personal use. 3. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE. You may not reverse engineer, decompile, or disassemble the SOFTWARE. In the event you shall become entitled and/or obtain any rights to the SOFTWARE, you shall, at your sole cost and expense, assign any and all rights, title and interests to Castle Computer Technologies. 4. LIMITED WARRANTY. Castle Computer Technologies warrants only that the original disks are free from defects in materials and workmanship for 15 days from the date of delivery of the SOFTWARE BUT ONLY AS TO DEFECTS DISCOVERED DURING SUCH 15 DAY PERIOD. ANY DEFECT DISCOVERED AFTER THE 15 DAY PERIOD IS NOT COVERED BY ANY WARRANTY OF ANY KIND WHATSOEVER. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, misapplication or a virus. 5. CUSTOMER REMEDIES. Castle Computer Technologies entire liability, and your exclusive remedy shall be, at Castle Computer Technologies option, either (a) return of the purchase price of the SOFTWARE paid, or (b) replacement of the SOFTWARE without charge to you. IN NO EVENT SHALL THE TOTAL LIABILITY OF CASTLE COMPUTER TECHNOLOGIES HEREUNDER EXCEED THE AMOUNT ACTUALLY PAID TO CASTLE COMPUTER TECHNOLOGIES FOR THE SOFTWARE. 6. DISCLAIMER OF WARRANTIES. CASTLE COMPUTER TECHNOLOGIES DISCLAIMS ALL OTHER WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE, THE ACCOMPANYING WRITTEN MATERIALS, ANY END-USER SUPPORT SERVICES PROVIDE, AND ANY INFORMATION OR UPDATES DOWNLOADED BY OPERATION OF THE SOFTWARE. Without limiting the foregoing, you are responsible for the control and use of the SOFTWARE, including but not limited to properly installing the SOFTWARE on your computer system, determining the appropriate uses of the SOFTWARE, and establishing adequate backup to prevent any adverse consequences in the event of a software malfunction. Castle Computer Technologies does not warrant that your use of the SOFTWARE will be uninterrupted or error-free. The entire risk as to the quality and performance of the SOFTWARE and any related products and services and any content provided thereby remains with you and, should any of the foregoing prove defective or harmful, you assume the entire risk and cost of servicing, repair or correction. 7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CASTLE COMPUTER TECHNOLOGIES OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR COMPUTER FAILURES OR MALFUNCTIONS, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF CASTLE COMPUTER TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8. EFFECT OF STATE LAW. Some states do not allow the exclusion or limitations of liability for consequential or incidental damages, so the above limitation may not apply to you. You may have other legal rights that vary from state to state. 9. UPDATES. Updates to the SOFTWARE will be made available to you, free of charge, for a period of one (1) year from the date of purchase of the SOFTWARE. 10. TERMINATION. This Agreement and the license granted hereunder shall terminate automatically without notice from Castle Computer Technologies should you fail to comply with the provisions of this Agreement in addition to, and without prejudice to, any other rights available to Castle Computer Technologies. Upon any termination, or if you should give up your personal use and control of the computers on which the SOFTWARE is installed, you agree to uninstall the SOFTWARE and to destroy all copies of the SOFTWARE and any related materials in any form. 11. GOVERNING LAW. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of New Jersey, without giving effect to the conflicts or choice of law provisions thereof. Any term or provision of this Agreement which is invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms or provisions of this Agreement or affecting the validity or enforceability of any of the terms or provisions of this Agreement in any other jurisdiction. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. You agree that any legal action or proceeding arising out of or relating to this License Agreement or your use of the SOFTWARE shall only be brought in the Courts of the State of New Jersey, or the Federal District Court for the District of New Jersey. You accept and submit generally and unconditionally to the jurisdiction of any such court in any such action or proceeding, and hereby waive in the case of any such action or proceeding brought in the courts of the State of New Jersey, or Federal District Court for the District of New Jersey, any defenses based on jurisdiction, venue or forum non coveniens. 12. ENFORCEMENT OF PROVISIONS. In the event Castle Computer Technologies is required to enforce any of its rights hereunder, you agree to reimburse Castle Computer Technologies for any and all costs and expenses incurred by Castle Computer Technologies, including attorneys fee, to the maximum extent permitted by applicable law. 13. ENTIRE AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. This Agreement constitutes the entire agreement and understanding between the parties relating to the SOFTWARE and supersedes all prior agreements, promises, understandings, covenants and other communications between the parties relating to the SOFTWARE and the license granted hereunder.