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SP-12 Librarian User’s Manual Registration

Water’s Edge Software

Page 23

Software License Agreement &

Limited Warranty

This section is a copy of the Software License Agreement and

Limited Warranty, which are printed on the sealed disk package:

IMPORTANT! READ CAREFULLY BEFORE OPENING

THE SEALED DISK PACKAGE.

SOFTWARE LICENSE AND LIMITED WARRANTY

This legal document is an agreement between you, the end user, and

Water's Edge Software. BY OPENING THIS SEALED DISK PACKAGE, YOU

ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS

AGREEMENT, WHICH INCLUDES THE SOFTWARE LICENSE, LIMITED

WARRANTY, and ACKNOWLEDGMENT.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO

NOT OPEN THIS DISK PACKAGE. PROMPTLY RETURN THE UNOPENED

DISK PACKAGE AND THE OTHER ITEMS (INCLUDING WRITTEN

MATERIALS) WHICH ARE PART OF THIS PRODUCT, ALONG WITH

PROOF OF PURCHASE, TO THE PLACE WHERE YOU OBTAINED THEM

FOR A REFUND.

In order to preserve and protect its rights under applicable law, Water's

Edge Software does not sell any rights in its SOFTWARE. Rather, Water's

Edge Software grants the right to use its SOFTWARE by means of a

SOFTWARE LICENSE. Water's Edge Software specifically retains title to all

Water's Edge Software computer software.

SOFTWARE LICENSE

1. GRANT OF LICENSE. In consideration of payment of the License fee,

which is a part of the price you paid for this product, and your agreement to

abide by the terms and conditions of this License and the Limited Warranty,

Water's Edge Software, as Licensor, grants you, the Licensee, a non-

exclusive right to use and display this copy of a Water's Edge Software

program (hereinafter the “SOFTWARE”) on a single COMPUTER (i.e., with a

single CPU) at a single location so long as you comply with the terms of this

License. If the single computer on which you use the SOFTWARE is a multi-

user system, the License covers all users on that single system without

further License payments. Water's Edge Software reserves all rights not

expressly granted to the LICENSEE.

2. OWNERSHIP OF SOFTWARE. As the LICENSEE, you own the

magnetic disk or other physical media on which the SOFTWARE is originally

or subsequently recorded or fixed, but an express condition of this License is

that Water's Edge Software retains title and ownership of the SOFTWARE,

regardless of the form or media in or on which the original and other copies

may exist. This License is not a sale of the original SOFTWARE or any copy.

3. COPY RESTRICTIONS. This SOFTWARE is copyrighted. Unauthorized

copying of the SOFTWARE, including SOFTWARE that has been modified,

merged, or included with other software, is expressly forbidden. You may be

held legally responsible for any copyright infringement that is caused or

encouraged by your failure to abide by the terms of this License.

Subject to the restrictions above, you may make one (1) copy of the

SOFTWARE solely for backup purposes. You must reproduce and include the

4. USE RESTRICTIONS. As the LICENSEE, you may physically transfer

the SOFTWARE from one computer to another, provided that the

SOFTWARE is used on only one computer at a time. You may not

electronically transfer the SOFTWARE from one computer to another over a

network. You may not distribute, or allow to be distributed, copies of the

SOFTWARE or accompanying written materials to others. You may not

modify, adapt, translate, reverse engineer, decompile, disassemble, or create

derivative works based on the SOFTWARE.

5. TRANSFER RESTRICTIONS. This SOFTWARE is licensed only to you,

the LICENSEE, and may not be transferred to anyone without the prior written

consent of Water's Edge Software. Any authorized transferee of the

SOFTWARE shall be bound by the terms and conditions of this License and

Limited Warranty. In no event may you transfer, assign, rent, lease, sell or

otherwise dispose of the SOFTWARE, on a temporary or permanent basis,

except as expressly provided herein.

6. TERMINATION. This License is effective until terminated. This License

will terminate automatically without notice from Water's Edge Software if you

fail to comply with any provision of the License. Upon termination you shall

destroy the written materials and all copies of the SOFTWARE, including

modified copies, if any.

7. UPDATE POLICY. Water's Edge Software may create, from time to time,

updated versions of the SOFTWARE. As its option, Water's Edge Software

will make such updates available to the LICENSEE and transferees who have

paid the update fee and returned the Registration Form to Water's Edge

Software.

8. MISCELLANEOUS. This License is governed by the laws of the

Province of Ontario and shall benefit Water's Edge Software, its successors

and assigns. LICENSEE consents to jurisdiction in the Provincial and Federal

courts located in the province of Ontario.

LIMITED WARRANTY

THIS SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS

(INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED “AS IS”

WITHOUT WARRANTY OF ANY KIND. FURTHER, WATER'S EDGE

SOFTWARE DOES NOT WARRANTY, GUARANTEE OR MAKE ANY

REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE,

OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF

CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR

OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND

PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE

SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE, YOU (AND NOT

WATER'S EDGE SOFTWARE OR ITS DEALERS, DISTRIBUTORS,

AGENTS, OR EMPLOYEES), ASSUME THE ENTIRE COST OF ALL

NECESSARY SERVICING, REPAIR, OR CORRECTION.

Water's Edge Software warrants to the original LICENSEE that the disk(s)

on which the SOFTWARE is recorded is free from defects in materials and

workmanship under normal use and service for a period of ninety (90) days

from the date of delivery as evidenced by a copy of the receipt. Water's Edge

Software’ entire liability and your exclusive remedy as to the disk(s) shall be,

at Water's Edge Software’ option, either (a) return the purchase price or (b)

replacement of the disk which does not meet Water's Edge Software Limited

Warranty and which is returned to Water's Edge Software postage prepaid

with a copy of the original receipt. If failure of this disk has resulted from

accident, abuse, or misapplication, Water's Edge Software shall have no

responsibility to replace the disk or provide a refund. In the event of

replacement of the disk, the replacement disk will be warranted for the

remainder of the warranty period or thirty (30) days, whichever is the longer.

THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER

EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING

BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT

IS MADE BY WATER'S EDGE SOFTWARE ON THIS PRODUCT.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY

WATER'S EDGE SOFTWARE, ITS DEALERS, DISTRIBUTORS, AGENTS

OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY

INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY

ON ANY SUCH INFORMATION OR ADVICE.

NEITHER WATER'S EDGE SOFTWARE, NOR ANYONE ELSE WHO HAS

BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF

THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,

CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES

FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS

OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE

USE OR INABILITY TO USE SUCH PRODUCT EVEN IF WATER'S EDGE

SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES.

THIS WARRANTY GIVES YOU SPECIFIC RIGHTS. YOU MAY HAVE

OTHER RIGHTS WHICH VARY FROM PROVINCE TO PROVINCE AND

CERTAIN LIMITATIONS CONTAINED IN THIS WARRANTY MAY NOT

APPLY TO YOU. Water's Edge Software’ liability to you for actual damages

from any cause whatsoever, and regardless of the form (whether in contract,

tort (including negligence), product liability or otherwise), will be limited to $50.

IN THE EVENT OF ANY CONFLICT BETWEEN ANY PROVISION IN THIS

LIMITED WARRANTY AND ANY APPLICABLE PROVINCIAL LEGISLATION,

THE APPLICABLE PROVINCIAL LEGISLATION TAKES PRECEDENCE

OVER THE CONTRAVENING PROVISION.

The Limited Warranty is governed by the laws of the Province of Ontario

and shall benefit Water's Edge Software, its successors and assigns.

ACKNOWLEDGMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AND

LIMITED WARRANTY, UNDERSTAND THEM, AND AGREE TO BE BOUND

BY THEIR TERMS AND CONDITIONS. YOU ALSO AGREE THAT THE

EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES

AND SUPERSEDE ALL PROPOSALS OR PRIOR ORAL OR WRITTEN

AGREEMENTS, AND ANY OTHER COMMUNICATIONS BETWEEN THE

PARTIES RELATING TO THE SUBJECT MATTER OF THE LICENSE OR

LIMITED WARRANTY.

Should you have any questions concerning this License or this Limited

Warranty, or if you desire to contact Water's Edge Software for any reason,

please contact in writing:

Water's Edge Software

P.O. Box 70022

2441 Lakeshore Road West,

Oakville, Ontario

Canada, L6L 6M9.

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