DO NOT USE THE SOFTWARE UNTIL YOU HAVE READ THIS LICENSE AGREEMENT. BY INSTALLING AND USING THE SOFTWARE (OR AUTHORIZING ANY OTHER PERSON TO DO SO), YOU ARE ACCEPTING ALL THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ACCEPT ALL THE FOLLOWING TERMS AND RESTRICTIONS, YOU MAY RETURN THE SOFTWARE AND DOCUMENTATION WITHIN TEN DAYS OF ITS RECEIPT BY YOU FOR A REFUND OF LICENSE FEES PAID.
The Unoverica software and accompanying documentation (respectively "Software" and "Documentation") are protected by the copyright laws of the United States and international treaties.
The possession and use of the Software and Documentation is subject to the terms, conditions, restrictions and limitations contained in this license.
The Software is intended to operate on a Novell NetWare server. You are granted a non-exclusive, non-transferrable right to use the Software, in its object code form only, on a single computer (network server) subject to the following restrictions:
TRANSFER OF LICENSE. This License is not subject to transfer or assignment without the prior written approval of Unoverica Corporation. You agree to take all reasonable steps to protect the Software and Documentation from unauthorized copying or use. The Software source code represents and embodies the trade secrets of Unoverica Corporation and/or its licensors. The source code and embodied trade secrets are not licensed to you. You agree not to reverse-engineer, disassemble or decompile the Software in order to discover the trade secrets contained in the source code from which the Software was compiled.
Ownership of, and title to, the Software and Documentation (including any copies or adaptations thereof made by or for you) is and shall remain with Unoverica Corporation. Copies of the Software and Documentation are provided to you only to allow you to exercise your rights under this License. Only the License is purchased by you.
TERM OF LICENSE. This License will become effective on the date you acquire the Software and will remain in force until terminated. You may terminate this License by destroying the Documentation and the Software together with all copies of the Documentation and Software provided to you.
Your License to use the Software and Documentation will terminate if you or any authorized user of the network upon which the Software is installed breaches any of the terms or conditions of your License. In the event that your License terminates due to a breach of the License, you agree to (1) destroy the original and all adaptations or copies of the Software and Documentation, or (2) return the original Software and Documentation and all adaptations and copies thereof to Unoverica Corporation.
GOVERNING LAW. This License shall be governed by, and interpreted in accordance with, the laws of the State of California of the United States of America excepting only those State of California statutes and judicial decisions which govern "conflicts of laws". You and Unoverica Corporation agree to submit to the personal jurisdiction of the courts of the State of California and venue in any court of competent jurisdiction within the State of California with respect to any action arising out of this License or the use of the Software.
WAIVER. No waiver of any right under this License shall be effective unless in writing signed by a duly authorized representative of the party waiving such rights. No waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under this License.
SEVERABILITY. If any provision of this License is invalid or unenforceable, that provision shall be construed, limited, modified or (if necessary) severed to the extent necessary to eliminate its invalidity or unenforceability, and the other provisions of this License shall remain unaffected.
LIMITED WARRANTY. Unoverica Corporation warrants the physical media upon which the Software is supplied, if any, against physical defects for a period of ninety (90) days from the earlier of the date the Software was purchased or the date the Software was first installed. Your sole remedy for defective media is replacement of the Software and media by Unoverica Corporation.
Except as provided in this Limited Warranty, Unoverica Corporation warrants that if the Software fails to substantially conform with the performance specifications accompanying the Software, Unoverica Corporation will either remedy the nonconformity or offer to refund any license fees paid by you, provided, however, that you must report in writing the nonconformity within ninety (90) days from the date you paid the license fee. Any refund of license fees will be paid to you upon receipt by Unoverica Corporation of the original copy and all other copies of the Software and Documentation in your possession.
EXCEPT AS OTHERWISE RESTRICTED BY LAW, UNOVERICA CORPORATION MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. UNOVERICA CORPORATION DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. UNOVERICA CORPORATION DOES NOT WARRANT THAT THE SOFTWARE AND DOCUMENTATION WILL SATISFY YOUR REQUIREMENTS OR THAT THE SOFTWARE AND DOCUMENTATION ARE WITHOUT DEFECT OR ERROR OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED.
EXCEPT AS OTHERWISE RESTRICTED BY LAW, UNOVERICA CORPORATION'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO YOUR USE OF THE SOFTWARE, DOCUMENTATION OR SUPPORT SERVICE PROVIDED BY UNOVERICA CORPORATION AND/OR ITS AGENTS IS LIMITED TO THE TOTAL OF LICENSE FEES PAID BY YOU FOR THE USE OF THE SOFTWARE AND DOCUMENTATION. YOU AGREE THAT NEITHER UNOVERICA CORPORATION NOR ANY OF ITS LICENSOR, EMPLOYEES, OR AGENTS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT OR PUNITIVE DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ADVISED OF THE POSSIBILITY THAT YOU MAY SUFFER SUCH DAMAGES. YOU ALSO AGREE THAT NEITHER UNOVERICA CORPORATION NOR ANY OF ITS LICENSOR, EMPLOYEES, OR AGENTS IS RESPONSIBLE FOR LOST PROFITS OR REVENUE, LOSS OF USE OF ANY HARDWARE OR SOFTWARE, LOSS OF DATA, COST OF RE-CREATING LOST DATA, OR THE COST OF ANY SUBSTITUTE EQUIPMENT OR PROGRAMS.
Some States do not allow exclusion or limitation of incidental or consequential damages. Some states do not allow limitations on the duration of an implied warranty. Therefore some of the above exclusions and limitations may not apply to you.
PLEASE NOTE that the Software is not designed, manufactured or intended for use or resale for on-line control equipment in hazardous environments requiring fail-safe performance in which failure of the software could lead to personal injury, death or environmental damage. This Software is compatible with only certain computers and operating systems and is not warranted for non-compatible systems.
EXPORT RESTRICTIONS. Unoverica Corporation can only make the Software available pursuant to a valid export license. Consequently you agree that you will comply fully with all laws and regulations to assure that the Software is not exported, directly or indirectly, in violation of United States law.
ENTIRE AGREEMENT. This License states the entire agreement between you and Unoverica Corporation and may be amended only in writing signed by both parties. No vendor, distributor, dealer, retailer, sales person or other person is authorized to modify this License or to make any representation or warranty different than or in addition to those contained in this License.
Unoverica Corporation reserves all rights not expressly granted to you.
