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This agreement is being presented here for informational purposes. It is, in no way, intended as a replacement for the Software License Agreement that accompanies each individual software release.

Harvard graphics software license agreement

This Software License Agreement ("License Agreement") is a legal agreement between you (either an individual or a single entity) and Harvard Graphics, Inc. ("Harvard Graphics") for the accompanying software product, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (the "Software Product"). By installing, copying, or otherwise using the Software Product, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms and conditions of this License Agreement, do not install or use the Software Product; you may, however, return it to your place of purchase for a full refund.

THANK YOU FOR LICENSING THE USE OF THE SOFTWARE PRODUCT. IT IS IMPORTANT THAT YOU (THE "LICENSEE") READ THIS NOTICE CAREFULLY. THESE ARE THE ONLY TERMS AND CONDITIONS APPLICABLE TO YOUR RIGHTS WITH RESPECT TO THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. THE SOFTWARE PRODUCT IS LICENSED, NOT SOLD.

1. Grant of license

Harvard Graphics hereby grants to Licensee a personal, non-exclusive, non-transferable license (a "License") to use one (1) copy of the Software Product, including any updates thereto, and accompanying documentation, if any, provided by Harvard Graphics, according to the terms set forth below. If the Software Product is being provided to Licensee as an update or upgrade to software which Licensee has previously licensed (such software referred to as the "Prior Software"), then Licensee agrees to destroy all copies of the Prior Software within thirty (30) days after opening this package except for one backup copy of the Prior Software.

2. Scope of use

You may install and use one copy of the Software Product, on a single computer. The primary user of the computer on which the Software Product is installed may make a second copy for his or her exclusive use on a portable computer. Licensee may also store or install a copy of the Software Product on a storage device, such as a network server, used only to install or run the Software Product on other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the Software Product is installed or run from the storage device. A license for the Software Product may not be shared or used concurrently on different computers.

3. License pak

If you have acquired this LICENSE AGREEMENT in a Harvard Graphics License Pak, you may make the number of additional copies of the computer software portion of the Software Product as authorized in the Harvard Graphics License Pak, and you may use each copy in the manner specified above. You are also entitled to make a corresponding number of secondary copies for portable computer use as specified above.

4. Prohibitions

You may not: modify, prepare derivative works from, translate, reverse engineer, decompile, disassemble or otherwise derive source code from the Software Product (except to the extent that such acts are expressly permitted by applicable law notwithstanding this limitation); copy the Software Product (except as provided above) or the accompanying documentation; rent, transfer, disclose, make available or grant any rights in the Software Product (including any accompanying documentation) in any form to any person without the prior written consent of Harvard Graphics; remove any proprietary notices, labels, or marks on the Software Product (including any accompanying documentation); use the Software Product in any manner that infringes the intellectual property or other rights of another party; or use the Software Product to provide online or other database services to any other person.

5. Retention of rights; termination

This License Agreement does not constitute a sale. All title, trade secrets, copyrights, patents and other intellectual rights to the Software Product, its accompanying documentation and any copy made by Licensee remain with Harvard Graphics, and Licensee hereby agrees to preserve and acknowledges the foregoing. Licensee further agrees and acknowledges that the Software Product and all copies thereof are Harvard Graphics's exclusive property and constitute a valuable trade secret of Harvard Graphics. Licensee further agrees and acknowledges that unauthorized copying of the Software Product or the accompanying documentation, or failure to comply with any of the provisions hereof (each, a "Terminable Event"), will result in automatic termination of this License. In the event of a violation of this License by Licensee, Harvard Graphics reserves and shall have available all legal remedies.

6. Term of license for trial version software

The License pertaining to a trial version of the Software Product (a "Trial Version") shall expire in accordance with the terms as set forth in the installation process for the Trial Version along with the designated trial period as set forth in the trial program.

7. Limited warranty and disclaime

Harvard Graphics warrants that, for a period of ninety (90) days after delivery, the diskettes or CD-ROMs on which the software included in the Software Product is furnished will, under normal use, be free from defects that prevent Licensee from loading the Software Product on a computer. Harvard Graphics's entire liability and Licensee's exclusive remedy under this warranty will be, at Harvard Graphics's option, to (a) use reasonable commercial efforts to attempt to correct or work around errors, or (b) to replace the Software Product with functionally equivalent Software Product, on diskettes or CD-ROM, as applicable or (c) return the price paid for the Software Product, in each case upon return of the Software Product to Harvard Graphics together with a copy of your receipt for the purchase thereof. This Limited Warranty is void if failure of the Software Product or hardware has resulted from accident, abuse, or misapplication. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Harvard Graphics are available without proof of purchase from an authorized non-U.S. source. The Software Product is licensed to you on an "as is" basis without any warranty of any nature.

8. No other warranties

EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, HARVARD GRAPHICS AND ITS SUPPLIERS MAKE AND LICENSEE RECEIVES NO WARRANTIES OR CONDITIONS, OR TERMS, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH LICENSEE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HARVARD GRAPHICS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. LICENSEE SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, EFFICIENCY AND SUITABILITY OF THE SOFTWARE PRODUCT AND HARVARD GRAPHICS SHALL HAVE NO LIABILITY THEREFOR. HARVARD GRAPHICS SHALL HAVE NO LIABILITY FOR, NOR OBLIGATION TO INDEMNIFY LICENSEE REGARDING ACTIONS ALLEGING THE INFRINGEMENT OF PROPRIETARY RIGHTS BY THE SOFTWARE PRODUCT. HARVARD GRAPHICS DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE PRODUCT WILL MEET LICENSEE'S SPECIFIC REQUIREMENTS. The Limited Warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.

9. Limitation of liability

IN NO EVENT WILL HARVARD GRAPHICS OR ITS SUPPLIERS BE LIABLE FOR LOSS OF DATA, CORRUPTION, LOST PROFITS, COST OF COVER, OR OTHER SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING FROM THE USE OF THE SOFTWARE PRODUCT (INCLUDING ANY ACCOMPANYING DOCUMENTATION), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF HARVARD GRAPHICS OR AN AUTHORIZED DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL HARVARD GRAPHICS' LIABILITY EXCEED THE AMOUNT PAID FOR THE SOFTWARE PRODUCT. LICENSEE ACKNOWLEDGES THAT THE AMOUNTS PAID BY LICENSEE FOR THE SOFTWARE PRODUCT REFLECT THIS ALLOCATION OF RISK. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not be applicable in certain instances. None of the above affects the statutory rights of licensees residing in the United Kingdom.

10. Not for resale software

If the Software Product is labeled "Not for Resale" or "NFR," then, notwithstanding section 1 of this License, your use of the Software Product is limited to use for demonstration, test, or evaluation purposes.

11. No rental; other transfers

You may transfer this License to another computer or workstation only on a permanent basis (that is, with no intent to transfer again) provided the computer, workstation, or other digital electronic device from which you have transferred this License no longer accesses or otherwise utilizes the Software Product, and the Software Product is used in accordance with the terms of this License Agreement.

12. Termination

You may terminate this License Agreement at any time. Harvard Graphics may terminate this License Agreement if you fail to comply with the terms and conditions of this License Agreement. In either event, you must destroy all copies of the Software Product.

13. Upgrade

If this License is an "Upgrade," you must have a valid license for the Prior Software for this License Agreement to be valid, and this License Agreement must be used to replace such license for the Prior Software. The total number of license "Upgrades" you may acquire may not exceed the total number of computers, workstations, or other digital electronic devices that were licensed to access or otherwise utilize the Software Product at the time you upgraded the Software Product.

14. Use of clip art images; distribution

You may modify, publish, and distribute the clip art, photographs, and other content in print; create presentations which incorporate the images; and use the images in developing pages for the World Wide Web and Intranet systems; all provided you are not marketing any of these works as clip art, photographs, or other content. In no case may you distribute any of the files in the Software by any other electronic means, including without limitation distributing the images on disk or CD-ROM. In no case may the files or printed images be rented, lent or sub licensed.

15. Miscellaneous

This Agreement shall not be governed by the 1980 U. N. Convention on Contracts for the International Sale of Goods; rather, this Agreement shall be governed by the laws of the State of New Jersey, of the United States of America, including the Uniform Commercial Code of the State of New Jersey, without reference to conflicts of law principles. This Agreement is the entire Agreement between Harvard Graphics and Licensee and supersedes any other communications or advertising with respect to the Software Product. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or non-enforceability, and the remainder of this Agreement shall continue in full force and effect. If the Software Product is acquired by the United States Government or on its behalf, the Software is furnished with restricted rights. The use, duplication, or disclosure by the United States Government and parties acting on its behalf is governed by, and subject to restrictions as set forth in subdivision (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, the subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, or other comparable regulations of other government agencies, as applicable. Licensee agrees not to allow the Software Product to be sent to or used in any other country except in compliance with applicable United States laws and regulations. This Agreement shall constitute the entire agreement between Harvard Graphics and Licensee and supersedes all prior agreements, understandings, communications, proposals or representations, oral or written, by either party. This Agreement shall be amended only by an executed writing by authorized representatives of both parties.