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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.
2. COPYRIGHT
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.
4. TERM
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.
9. GENERAL
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.