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SOFTWARE LICENSE AGREEMENT
You are purchasing a license to use Dynalink Technologies, Inc. software. The software is owned by and remains the property of Dynalink Technologies, Inc., is protected by international copyrights, and is transferred to the original purchaser and any subsequent owner of the software media for their use only on the license terms set forth below. Opening the package and/or using the software indicates your acceptance of these terms. If you do not agree to all of the terms and conditions, or if after use you are dissatisfied with the software, return the software, manuals and any partial or whole copies within thirty days of purchase to the party from who you received it for a refund, subject to our restocking fee.
Use Of The Software: Dynalink Technologies, Inc. ("Dynalink"), grants the original purchaser ("Licensee") the limited rights to possess and use the Dynalink Technologies, Inc. Software and User Manual ("Software") for its intended purposes. Licensee agrees that the Software will be used solely for Licensee`s internal purposes, and that at any one time, the Software will be installed on a single computer only. If the Software is installed on a networked system, or on a computer connected to a files server or other system that physically allows shared access to the Software, Licensee agrees to provide technical or procedural methods to prevent use of the Software by more than one user.
One machine-readable copy of the Software may be made for BACK UP PURPOSES ONLY, and the copy shall display all proprietary notices, and be labeled externally to show that the back-up copy is the property of Dynalink, and that use is subject to this License. Documentation may not be copied in whole or part.
Licensee may transfer its rights under this License, PROVIDED that the party to whom such rights are transferred agrees to the terms and conditions of this Licensee, and written notice is provided to Dynalink. Upon such transfer, Licensee must transfer or destroy all copies of the Software.
Except as expressly provided in this License, Licensee may not modify, reverse engineer, decompile, disassemble, distribute, sub-license, sell, rent, lease, give or in any way transfer, by any means or in any medium, including telecommunications, the Software. Licensee will use its best efforts and take all reasonable steps to protect the Software from unauthorized use, copying or dissemination, and will maintain all proprietary notices intact.
Limited Warranty And Indemnification: Dynalink warrants the Software media to be free of defects in workmanship for a period of ninety days from purchase. During this period, Dynalink will replace at no cost any such media returned to Dynalink, postage prepaid. This service is Dynalink`s sole liability under this warranty.
Disclaimer: LICENSE FEES FOR THE SOFTWARE DO NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION OF RISK BY DYNALINK, AND DYNALINK DISCLAIMS ANY AND ALL LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR OPERATION OR INABILITY TO USE THE SOFTWARE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, LICENSEE INDEMNIFIES AND AGREES TO HOLD DYNALINK HARMLESS FROM SUCH CLAIMS. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE LICENSEE. THE WARRANTIES EXPRESSED IN THIS LICENSE ARE THE ONLY WARRANTIES MADE BY DYNALINK AND ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.
THIS WARRANTY GIVES YOU SPECIFIED LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Term: This License is effective as of the time Licensee receives the Software, and shall continue in effect until Licensee ceases all use of the Software and returns or destroys all copies thereof, or until automatically terminated upon the failure of Licensee to comply with any of the terms of this License.
General: This License is the complete and exclusive statement of the parties` agreement. Should any provision of this License be held to be invalid by any court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remainder of the License shall nonetheless remain in full force and effect. This License shall be controlled by the laws of the Province of Quebec, Canada.