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1.
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GRANT OF LICENSE: |
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This Arkipelago Software License Agreement ("License") permits you to use one copy of Arkipelago's ROME READER software and which may include user documentation provided in electronic format ("the SOFTWARE"), on any single computer. The SOFTWARE can only be used on one computer at any time. If this package is part of a Site License Agreement, you may make and use additional copies of the SOFTWARE up to the number of Licensed Copies authorized in agreement. If you have acquired Multiple Licenses for the SOFTWARE, you may have as many copies of the SOFTWARE in use at any time as the number of specified Licenses. The SOFTWARE is considered "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. A copy of the SOFTWARE installed on a network server for the sole purpose of distribution to other computers is not considered "in use". If the number of users of the SOFTWARE is anticipated to exceed the number of authorized Licenses, then you must have an appropriate process in place to guarantee that the number of persons using the SOFTWARE at the same time does not exceed the number of authorized Licenses. |
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2.
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UPGRADES TO THE SOFTWARE: |
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If the SOFTWARE is an upgrade from an Arkipelago product in accordance with this License. Except for those cases where the SOFTWARE is an upgrade from any part of a package of multiple software programs which you licensed as a single product, the SOFTWARE may only be used and transferred as part of that single product package, and according to the License Agreement provided earlier with that single product package. |
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3.
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COPYRIGHT: |
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The SOFTWARE (including any graphics, text, audio, video, sound images, photographs, animations, and any other recorded entities incorporated into the SOFTWARE) is owned by Arkipelago or its suppliers and is protected by Canadian copyright laws and international treaty provisions. Thereby, you have the obligation to protect the SOFTWARE like any other copyrighted material (e.g., a book or musical recording) except that you may either:
3.1. Make one copy of the SOFTWARE solely for backup or archival purposes, or
3.2. Transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes.
You may not copy the printed materials accompanying the SOFTWARE, nor print copies of any user documentation provided in electronic format. |
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4.
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OTHER RESTRICTIONS: |
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This License Agreement is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent or lease the SOFTWARE, but you may transfer your rights under this License on a permanent basis provided you transfer this License, the SOFTWARE, and all accompanying printed materials, retain no copies, and the recipient agrees to the terms of this License. YOU MAY NOT REVERSE ENGINEER, DECOMPILE, OR DISASSEMBLE THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. YOU MAY NOT TRANSFER THIS LICENSE TO A THIRD PARTY FOR ANY FORM OF CONSIDERATION WHATSOEVER, WITHOUT THE PRIOR WRITTEN CONSENT OF ARKIPELAGO. |
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5.
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MULTIPLE-MEDIA: |
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You may receive the SOFTWARE in more than one media. Regardless of the type of media that you receive, you may only use the media that is appropriate for your single designated computer or network server. You may not use the media on any other computer or computer network. You may not loan, rent, lease, or transfer the media to another user except as part of a permanent transfer (as provided above) or other use expressly authorized by this License Agreement. |
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6.
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LIMITED WARRANTY LIMITED WARRANTY: |
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Arkipelago warrants that the SOFTWARE will perform substantially in accordance with the accompanying printed materials for a period of ten (10) days. |
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7.
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CUSTOMER REMEDY: |
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Arkipelago's entire liability and your only exclusive remedy shall be return on the price paid for the SOFTWARE, and that is returned to Arkipelago with a copy of your proof of purchase. This Limited Warranty is VOID if the SOFTWARE has been downloaded from a website, including any or all websites owned or operated by Arkipelago inc, in which case there shall be no warranty obligation assumed by Arkipelago. |
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8.
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NO OTHER WARRANTIES: |
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Except as expressly made herein, to the maximum extent permitted by applicable law, Arkipelago disclaims all other warranties, either express or implied, including the implied warranties of merchantability and fitness for a particular purpose, with respect to the SOFTWARE and the accompanying written materials. |
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9.
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NO LIABILITY FOR CONSEQUENTIAL DAMAGES: |
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARKIPELAGO OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS PROFITS, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS ARKIPELAGO PRODUCT, EVEN IF ARKIPELAGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
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10.
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GOVERNING LAW: |
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This Agreement shall be governed solely by and in accordance with the laws of the Province of Ontario, Canada. Exclusive jurisdiction and venue for any and all disputes hereunder or interpretations hereof shall be in the courts located in Toronto, Ontario, Canada. |
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11.
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SEVERABILITY: |
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If any provision or provisions of this Agreement shall be held to be invalid, illegal, or unenforceable for any reason, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. |
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12.
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ENTIRE AGREEMENT: |
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This Agreement constitutes the entire agreement and understanding between the parties with regard to the subject matter hereof, and merges and supersedes any and all prior negotiations and agreements with respect hereto, whether oral or written. |
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13.
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MODIFICATIONS: |
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This Agreement may not be amended, modified or superseded unless expressly agreed to in writing by each of the parties hereto.
Arkipelago is the registered trade mark of Arkipelago inc.
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