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AGREEMENT. This legal document is an agreement between you, the end user, and Desktopset.com
BY USING THIS SOFTWARE YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT,
WHICH INCLUDES THE SOFTWARE LICENSE AND SOFTWARE DISCLAIMER OF WARRANTY (collectively the
"Agreement").
THIS AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT BETWEEN YOU AND DESKTOPSET.COM. IF YOU DO
NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE AND PROMPTLY RETURN THE
DISK(S) AND DOCUMENTATION TO THE PLACE OF PURCHASE FOR A FULL REFUND.
GRANT OF LICENSE. In consideration of payment of the license fee, which is the part of the
price you paid for this program, Desktopset.com, as licensor, grants to you, the Licensee, a
non-exclusive right to use and display this copy of the enclosed program (hereinafter "the
Software") on a single Computer (i.e., with a single CENTRAL PROCESSING UNIT) at a single
location. If the single computer on which you use the Software is used by more than one
person, the License covers all users on that single system, but it does not cover multi-user
or networked systems that may be used by more than one person at a time. Licensor reserves
all rights not expressly granted to Licensee.
OWNERSHIP OF SOFTWARE. As the Licensee, you own the magnetic or other physical media on
which the Software is originally or subsequently recorded or fixed, but Licensor retains the
ownership of the Software recorded on the original disk copy(ies) and all subsequent copies
of the Software, regardless of the form or media in or on which the original and other
copies may exist.
COPY RESTRICTIONS. This software and the accompanying written materials are copyrighted.
Unauthorized copying of the Software, including the Software that has been modified, merged,
or included with other software, or the written materials is expressly forbidden. You may be
held legally responsible for any copyright infringement that is caused or encouraged by your
failure to abide by the terms of this LICENSE. Subject to these restrictions, you may make a
reasonable number of copies of the Software solely for backup purposes.
USE RESTRICTIONS. As the Licensee, you may physically transfer the Software from one
computer to another provided that the Software is used on only one computer and by one
person at a time. You may not electronically transfer the Software from one computer to
another over an electronic media such as telephone lines, local and wide area networks, etc.
You may not distribute copies of the Software or the accompanying written materials to
others. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or
create derivative works based on the Software. You may not modify, adapt, translate, or
create derivative works based on the written materials without the prior written consent of
the Licensor.
TRANSFER. Any transferee of the Software shall be bound by the terms and conditions of this
agreement.
TERMINATION. This license is effective until terminated. This license will terminate
automatically without notice from the licensor if you fail to comply with any provisions of
this License. Upon termination you shall destroy the written materials and all copies of the
Software, including modified copies, if any.
WARRANTY. Desktopset.com warrants that the original disks are free from defects in material
and workmanship, assuming normal use, for a period of ninety (90) days from the date of
purchase. If any defect occurs during this period, you may return your faulty disk to
Desktopset.com along with a dated proof of purchase. Desktopset.com will replace it free of
charge. After 90 days you may obtain a replacement by sending your defective disk and a
check for $25.00 (New Jersey residents add sales tax) to Desktopset.com. EXCEPT FOR THE
ABOVE DESKTOPSET.COM CORPORATION GRANTS NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR
OTHERWISE, REGARDING THE DISKS AND RELATED MATERIALS, THEIR FITNESS FOR ANY OTHER PURPOSE,
THEIR QUALITY, THEIR MERCHANTABILITY, OR OTHERWISE.
THE LIABILITY OF DESKTOPSET.COM SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE
PRODUCT. IN NO EVENT SHALL DESKTOPSET.COM BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, OR OTHER
DAMAGES FOR BREACH OF WARRANTY.
The limited warranty, exclusive remedies and limited liability set forth above are
fundamental elements of the basis of the agreement between Desktopset.com and you.
Desktopset.com would not be able to provide the Software on an economic basis without such
limitations.
GOVERNING LAW. This agreement is governed by the laws of the State of New Jersey.