This is a legal agreement between you (either an individual or an
entity) and IMAGELAZ LLC. Use of this software constitutes acceptance of the
terms of this agreement. If you do not agree to the terms of this agreement,
contact IMAGELAZ LLC for other licensing options or promptly return the software
and the accompanying items (including written materials and binders or other
containers) to IMAGELAZ LLC or its authorized distributor from which you
received the software for a full refund.
1. GRANT OF LICENSE
The enclosed IMAGELAZ LLC software program (the "Licensed Software") may be used only by the registered owner. You may use one copy of the IMAGELAZ LLC software product identified above, which includes "online" or electronic documents (the "SOFTWARE") on a single computer. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer.
The Licensed Software is owned by IMAGELAZ LLC and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the Licensed Software like any other copyrighted material (e.g., a book or musical recording), except that you may either (i) make one copy of the Licensed Software solely for backup or archival purposes, provided you reproduce and include IMAGELAZ LLC's copyright and trademark notices contained on the original disk labels on such backup copy, or (ii) transfer the Licensed Software to a single hard disk, provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the Licensed Software.
3. OTHER RESTRICTIONS
a. You may not use, copy, or modify the files containing the licensed software, or any backup copy, in whole or in part, or translate such files into any other file format or language, except as expressly provided for in this agreement. You may not rent, lease or sublicense the Licensed Software, but you may transfer the Licensed Software and accompanying written materials on a permanent basis, provided you retain no copies, the recipient agrees to the terms of this License Agreement, immediately contacts IMAGELAZ LLC to inform IMAGELAZ LLC of such transfer and pays to IMAGELAZ LLC a transfer fee in an amount to be determined by IMAGELAZ LLC and in effect at the time in question. Upon such transfer, your license under this License Agreement is automatically terminated.
b. You may not reverse engineer, decompile or disassemble the Licensed Software for any purpose whatsoever.
Your license is effective upon payment for and the opening of the package containing the Licensed Software. You may terminate it at any time by destroying the Licensed Software together with all copies. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy all copies of the Licensed Software in any form in your possession or under your control.
5. LIMITED WARRANTY
IMAGELAZ LLC warrants that for a period of ninety (90) days from the date of receipt, the Licensed Software will perform substantially in accordance with the accompanying written materials. THE FOREGOING IS THE SOLE AND EXCLUSIVE WARRANTY OFFERED BY IMAGELAZ LLC. IMAGELAZ LLC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE LICENSED SOFTWARE AND ALL ACCOMPANYING MATERIALS.
6. CUSTOMER REMEDY
IMAGELAZ LLC's entire liability and your exclusive remedy shall be, at IMAGELAZ LLC's option, either (a) return of the price paid, or (b) repair or replacement of the Licensed Software that does not meet IMAGELAZ LLC's Limited Warranty and which is returned to IMAGELAZ LLC within the warranty period. The Limited Warranty is void if failure of the Licensed Software has resulted from accident, abuse or misapplication. Any replacement of Licensed Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
7. DISCLAIMER OF DAMAGES
You assume responsibility for, among other things, (i) the selection of the Licensed Software to achieve your intended results, (ii) the acquisition of other software (including any programming or operating system software) and/or equipment compatible with the Licensed Software, and (iii) the installation, use and results obtained from the Licensed Software. Further, inasmuch as the price paid for the license rights granted to you to use the Licensed Software may be substantially disproportionate to the value of products to be used in conjunction with, or produced by, the Licensed Software, and for the express purpose of limiting the liability against IMAGELAZ LLC to an extent which is reasonably proportionate to the commercial value of this transaction, you agree that, to the maximum extent permitted by law, IMAGELAZ LLC shall in no event be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use the Licensed Software, whether direct, indirect, incidental, consequential, special or otherwise, REGARDLESS OF THE FORM OF ACTION, even if IMAGELAZ LLC has been advised of the possibility of such damages.
8. UPDATES & TECHNICAL SUPPORT
For a period of one year from the date of your receipt of the Licensed Software, IMAGELAZ LLC will make available to you Technical Support in the manner and under the guidelines set forth in the Licensed Software user documentation, which may be modified from time to time by IMAGELAZ LLC at its discretion without notice. IMAGELAZ LLC may, from time to time, revise or update the Licensed Software. In so doing, IMAGELAZ LLC incurs no obligation to furnish such revision or updates to you. Updates and further support terms are available to you on the same basis as IMAGELAZ LLC makes them available to its other licensees at then current prices.
a. This License is personal between you and IMAGELAZ LLC. It is not transferable and any attempt by you to rent, lease, sublicense, assign or transfer any of the rights, duties or obligations hereunder, except as provided in Section 3, above, is void. This Agreement and the conduct of the parties hereto shall be governed by the laws of the State of Indiana.
b. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND IMAGELAZ LLC WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND IMAGELAZ LLC OR IMAGELAZ LLC'S AGENT(S) RELATING TO THE LICENSED SOFTWARE.