1. LICENSE. USA SAT, INC. agrees to grant, and the customer agrees to accept on the following terms and conditions, a nontransferable and nonexclusive license to use the USA SAT, INC. enclosed with this agreement.
2. PERMITTED USES. You may use the USA SAT, INC. on a single computer system. If you wish to use the USA SAT, INC. on more than one computer system at a time, you must obtain a new and separate license from USA SAT, INC. for each additional computer system.
3. USES NOT PERMITTED. Unless is a demo version, you may not electronically transfer the USA SAT, INC. from one computer to another over a network. You may not make copies of the User Documentation. You may not make any copies of the USA SAT, INC. except as provided in the back-up portion of the Agreement. You may not make alterations to the USA SAT, INC. or the User Documentation. You may not assign or grant sublicenses, leases, or other rights or obligations relative to the USA SAT, INC. or the User Documentation to others, nor may your copy or other copies of the USA SAT, INC., or User Documentation be distributed to others. You may not reverse engineer, disassemble, reverse translate, or in any manner decode the USA SAT, INC. in order to derive any source code form.
4. BACK-UP COPIES HAVE PROGRAMS. The customer may make back-up copies of USA SAT, INC. programs as required for customer's use only. The number of copies shall be limited to one (1) on hard disk and one (1) on floppy disk. The original and all copies of USA SAT, INC. programs, or any part thereof, made by the customer, shall be the property of USA SAT, INC. This does not imply, of course, that USA SAT, INC. owns the media on which programs are recorded. You must maintain an accurate record of the location of the back-up copy at all times.
5. COPYRIGHTS, TRADEMARK NOTICES, LEGENDS AND LOGOS. The USA SAT, INC. and User Documentation, logos, product, names and other support materials, if any, are either patented, copyrighted, trademarked, or otherwise proprietary to USA SAT, INC. You agree never to remove any such notices and product identification and to reproduce them on any back-up copies produced.
6. TERM. The license granted under this Agreement is effective from the date on which the customer opens the seal on the envelope containing this USA SAT, INC. distribution diskette(s) and shall remain in force until terminated as provided below. You may terminate this License Agreement by destroying the USA SAT, INC. and User Documentation and all copies thereof. This License Agreement will also terminate if you fail to comply with any term or condition herein. You agree upon such termination by USA SAT, INC. to destroy all copies of the USA SAT, INC. and User Documentation, and to certify to USA SAT, INC. that they have been destroyed. Upon termination there will be no refund of any monies or other consideration paid by you.
7. LIMITED WARRANTY. THE USA SAT, INC. AND USER DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE USA SAT, INC. AND USER DOCUMENTATION IS WITH YOU. SHOULD THE USA SAT, INC. AND USER DOCUMENTATION PROVE DEFECTIVE, YOU (AND NOT USA SAT, INC. OR ANY AUTHORIZED REPRESENTATIVE OF USA SAT, INC. ) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. However, USA SAT, INC. warrants the media on which the USA SAT, INC. is furnished to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to you as evidenced by your completed and returned Customer Registration Form, which you must complete and return to USA SAT, INC. immediately upon receipt of the USA SAT, INC..
8. LIMITATIONS OF REMEDIES. USA SAT, INC. 's entire liability and your exclusive remedy shall be: the replacement of any media not meeting USA SAT, INC. 's Limited Warranty and which is returned to USA SAT, INC. or an authorized representative of USA SAT, INC. with a copy of your receipt.
IN NO EVENT WILL USA SAT, 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 SUCH USA SAT, INC. AND USER DOCUMENTATION EVEN IF USA SAT, INC. OR AN AUTHORIZED REPRESENTATIVE OF USA SAT, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN ADDITION, USA SAT, INC. SHALL NOT BE LIABLE FOR ANY CLAIM BY YOU OR ANY OTHER PARTY FOR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH USA SAT, INC. AND USER DOCUMENTATION AND BASED UPON STRICT LIABILITY OR USA SAT, INC. NEGLIGENCE.
9. UPDATE POLICY. USA SAT, INC. may, at its sole discretion, advise you of, and license your use of Product Updates and New Releases of the USA SAT, INC. at the current prices for such Product Updates and New Releases. In order to be advised of or to be licensed for the use of such USA SAT, INC., you must complete and return the Registration Card to USA SAT, INC. All Product Updates and New Releases which are provided to you shall be governed by the same terms of this License Agreement.
10. This License Agreement shall be governed by the laws of the State of Ohio, and shall inure to the benefit of USA SAT, INC. , its successors, administrators, heirs and assigns. If any legal action is brought by either party to this License Agreement regarding the subject matter of this License Agreement, the prevailing party shall be entitled to recover, in addition to any other relief, reasonable attorneys' fees and expenses.
11. Any notice or request hereunder shall be deemed to be sufficiently given to the addressee and any delivery hereunder deemed to be made when sent by registered mail to the USA SAT, INC. address shown at the end of this agreement and Licensee addresses as returned on the Registration Card.
12. ACKNOWLEDGMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT EXCEPTING THE SOFTWARE SUPPORT AGREEMENT, IF ANY, THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
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