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Kanji Hanabi Trial License Agreement
This is a legal agreement
between you, the end user, and nethSoft (herein referred to as "VENDOR").
GRANT OF LICENSE. VENDOR
grants to you A NON-EXCLUSIVE right to use one copy of the trial version of the
Kanji Hanabi software program (herein referred to as "the SOFTWARE") in OBJECT
CODE FORM on any single Palm™ organizer, or compatible
device or software program.
By downloading or using the software you agree to be bound by the terms of this agreement.
If you do not agree to the terms of this agreement, do not download, install or use
the software.
You may use the SOFTWARE for evaluation
or educational purposes only.
COPYRIGHT. The SOFTWARE is
owned by VENDOR and is protected by United States copyright laws and international
treaty provisions. THE SOFTWARE IS LICENSED, AND NOT SOLD. Therefore,
you must treat the SOFTWARE like any other copyrighted material (e.g.,
a book or musical recording) except that you may make one copy of the SOFTWARE
solely for backup or archival purposes.
OTHER RESTRICTIONS. You may
not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompanying
materials on a permanent basis, provided that you retain no copies and
the recipient agrees to the terms of this Agreement. You may not reverse-engineer,
decompile, or disassemble the software. You may not redistribute
the SOFTWARE in any form, for any purpose.
LIMITED WARRANTY. VENDOR
warrants that the SOFTWARE will perform substantially in accordance with
the accompanying materials for a period of 90 days from the date of receipt.
Any implied warranties on the SOFTWARE are limited to 90 days. Some
states do not allow limitations on duration of an implied warranty, so
the above limitation may not apply to you.
NO OTHER WARRANTIES. VENDOR
disclaims all other warranties, either expressed or implied, including
but not limited to implied warranties of merchantability and fitness for
a particular purpose, with respect to the SOFTWARE. This limited warranty
gives you specific legal rights. You may have others, which vary from state
to state.
LIMITATION OF LIABILITY.
In no event shall VENDOR be liable for indirect, special, incidental, economic,
consequential or punitive damages whatsoever, regardless of the nature
of the claim, (including, without limitation, damages for loss of business
profits, business interruption, loss of business information, liabilities
to third parties arising from any source, or other pecuniary loss) arising
out of the use or inability to use this product, even if VENDOR has been
advised of the possibility of such damages. In no event shall VENDOR's
liability exceed the amount paid by you for the SOFTWARE. Because
some states do not allow the exclusion or limitation of liability for consequential
or incidental damages, the above limitation may not apply to you.
U.S. GOVERNMENT RESTRICTED
RIGHTS. The SOFTWARE, documentation and any accompanying hardware are provided
with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government
is subject to the restrictions set forth in subparagraph (c)(1)(ii) of
The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013
or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted
Rights 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Sam
Neth DBA nethSoft, Mountain View, California, USA.
TERM. This license
is effective upon your first use of the SOFTWARE, and shall continue until
terminated. You may terminate this license by destroying all copies of
the SOFTWARE in your possession. VENDOR may terminate this license
upon the breach by you of any provision contained in this license. Upon
such termination by VENDOR, you agree to destroy all copies of the SOFTWARE
in your possession.
THIS LICENSE AGREEMENT REPRESENTS
THE ENTIRE AGREEMENT BETWEEN YOU AND VENDOR CONCERNING THE SOFTWARE, AND
IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN
THE PARTIES.
This Agreement is governed
by the substantive laws of the State of California. If this product
was purchased outside the United States, then local law may apply.
Use of Kanji Hanabi is entirely
at the user's risk; VENDOR assumes no liability for such use.
It is prudent to back up
your critical data before installing any new software.