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SOFTWARE LICENSE AGREEMENT
"Software" is defined as the Signal Beach Software computer program
with which this Software License Agreement is included and any updates or
updated releases. "Trial Software" is defined as a version of the
Software that is limited to an evaluation for a specified period of time as
determined by Signal Beach Software. Do not use the Signal Beach
Software until you have carefully read the following Agreement. This
Agreement sets forth the terms and conditions for licensing of the Signal
Beach Software from Signal Beach to you, and installing the Signal Beach
Software indicates that you have read and understand this Agreement and
accept its terms and conditions. If you purchased this license for the
Software or if you are evaluating the Trial Software and do not agree
with the terms and conditions of this Agreement, promptly return the
Software within ten (10) days of purchase for a full refund, or do not use
the Trial Software.
LICENSE
Subject to the terms and conditions of this Agreement, you are granted
a limited non-exclusive license to use a copy of the Software on one
(1) computer used by a single household and one (1) single remote device.
A remote device is defined as a cell phone or PDA which is used as a
remote control device for a single computer. You may make one (1) backup
copy of the Software for your own use. You may transfer your rights in
the Software to a third party provided you do not keep a copy of the
Software for yourself.
Subject to the terms and conditions of this Agreement, you are granted
a limited non-exclusive license to use a copy of the Trial Software for
the specified amount of time in the materials accompanying the Trial
Software on one (1) computer used by a single household and one (1)
single remote device. Thereafter, you may purchase the right to use the full
version of the Software which license terms are specified herein, by
contacting Signal Beach Software or your retailer. By your use of the
trial software, you understand and agree that after the amount of time
specified in the trial, you may not be able to continue to access and/or
use the trial software or any data you have entered into such trial
software unless you purchase the right to use the full version of the
software.
YOU AGREE: Not to make additional copies of the Signal Beach Software
except as provided, not to enable others to use your registration
code(s) or serial numbers (if any), not to give copies to another person who
has not purchased a license for the Signal Beach Software from Signal
Beach; not to install the Signal Beach Software on computers used by
individuals who have not purchased the appropriate licenses for the
Software from Signal Beach Software; not to duplicate the Signal Beach
Software by any other means including electronic transmission; or copy the
printed materials or user documentation accompanying the Signal Beach
Software, if any. The Signal Beach Software in its entirety is protected
by copyright laws. The Signal Beach Software also contains the trade
secrets of Signal Beach and third parties, and you may not decompile,
reverse engineer, disassemble, or otherwise reduce the Signal Beach
Software to human-perceivable form or disclose such trade secrets, or disable
any functionality which limits the use of the Signal Beach Software.
You may not attempt to modify, adapt, translate, rent, sublicense,
assign, loan, resell for profit, distribute, or network the Signal Beach
Software, Disk(s), or related materials or create derivative works based
upon the Signal Beach Software or any part thereof.
This Agreement may be terminated by Signal Beach Software immediately
and without notice if you fail to comply with any term or condition of
this Agreement. Upon such termination, you must immediately destroy all
complete and partial copies of the Signal Beach Software, including all
backup copies. Signal Beach Software shall have the right to change or
add to the terms of this Agreement at any time, and to change, delete,
discontinue or impose conditions on any feature or aspect of the Signal
Beach Software without notice.
DISCLAIMER OF WARRANTEES
Except as provided above, the Signal Beach Software, disk(s), related
materials, content and/or related services accessible through the Signal
Beach Software, are provided "as-is," and to the maximum extent
permitted by applicable law, Signal Beach Software and its representatives
disclaims all other representations and warranties, express or implied,
regarding the Signal Beach Software, disk(s), related materials, content
and any services, including their fitness for a particular purpose,
security, quality, merchantability, or their noninfringement. Signal Beach
Software does not warrant that the Software or any related services or
content is secure, or is free from bugs, viruses, errors, or other
program limitations, including but not limited to accurate or updated
third-party content, nor does Signal Beach warrant any other service or
content through the Signal Beach software, or continued access to the trial
software or to the data entered into the trial software after the
specified amount of time in the the trial software.
LIMITATION OF LIABILITY AND DAMAGES
The entire liability of Signal Beach Software for any reason shall be
limited to the amount paid by the customer for the Signal Beach Software
licensed from Signal Beach or its authorized reseller. To the maximum
extent permitted by applicable law, Signal Beach Software and its
representatives are not liable for any indirect, special, incidental, or
consequential damages, whether based on breach of contract, breach of
warranty, tort (including negligence), product liability or otherwise, even
if Signal Beach Software or its representatives have been advised of
the possibility of such damages, and even if a remedy set forth herein is
found to have failed of its essential purpose. Signal Beach Software
and its representatives` total liability to you for actual damages for
any cause whatsoever will be limited to the amount paid by you for the
Signal Beach Software.
This Agreement does not limit any rights that Signal Beach Software may
have under trade secret, copyright, patent, trademark or other laws.
The Representatives of Signal Beach are not authorized to make
modifications to this Agreement, or to make any additional representations,
commitments, or warranties binding on Signal Beach Software, other than in
writing signed by Signal Beach Software. Accordingly, such additional
statements are not binding on Signal Beach Software and you should not
rely upon such statements. If any provision of this Agreement is invalid
or unenforceable under applicable law, then it is, to that extent,
deemed omitted and the remaining provisions will continue in full force and
effect. No delay or failure on the part of Signal Beach Software to
exercise any right granted under this Agreement, or available, shall be
construed as a waiver of such right. The validity and performance of this
Agreement shall be governed by California law, except as to copyright,
patent and trademark matters, which are covered by federal laws. You
agree to submit to the jurisdiction of the federal and state courts of
Santa Cruz County, California and waive any objection to venue in such
courts. This Agreement is deemed entered into at Capitola, California.