SYMBIC SOFTWARE LICENSE INFORMATION
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING
THIS PRODUCT. IT CONTAINS SOFTWARE AND DATA (THE "SOFTWARE"), THE USE OF
WHICH IS LICENSED BY SYMBIC TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET
FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS
AGREEMENT, DO NOT USE THE SOFTWARE. USING ANY PART OF THE SOFTWARE
INDICATES THAT YOU ACCEPT THESE TERMS.
1. LICENSE GRANT. Symbic grants you a license to use one copy of the
version of this SOFTWARE on any one system for as many licenses as you
purchase. "You" means the company, entity or individual whose funds are
used to pay the license fee. "Use" means storing, loading, installing,
executing or displaying the SOFTWARE. You may not modify the SOFTWARE
or disable any licensing, promotional, or control features of the SOFTWARE
except as an intended part of the SOFTWARE's programming features. You
are expected to use the SOFTWARE on your system and to thoroughly evaluate
its usefulness and functionality before making a purchase. This "try
before you buy" approach is the ultimate guarantee that the SOFTWARE will
perform to your satisfaction; therefore, you understand and agree that
there is no refund policy for any license to use the SOFTWARE.
2. OWNERSHIP. The SOFTWARE is owned and copyrighted by Symbic. Your
license confers no title or ownership in the SOFTWARE and should not be
construed as a sale of any right in the SOFTWARE.
3. REVERSE ENGINEERING. You agree that you will not attempt to reverse
compile, modify, translate or disassemble the SOFTWARE in whole or in
part.
4. NO OTHER WARRANTIES. SYMBIC DOES NOT WARRANT THAT THE SOFTWARE IS
ERROR FREE. SYMBIC DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE
SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
5. SEVERABILITY. In the event of invalidity of any provision of this
license, the parties agree that such invalidity shall not affect the
validity of the remaining portions of this license.
6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL SYMBIC OR ITS
SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR
INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR
USE OF THE SOFTWARE, EVEN IF SYMBIC HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT WILL SYMBIC'S LIABILITY FOR ANY CLAIM, WHETHER IN
CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID
BY YOU, IF ANY.
7. ENTIRE AGREEMENT. This is the entire agreement between you and Symbic
which supersedes any prior agreement or understanding, whether written or
oral, relating to the subject matter of this license.
copyright © Symbic