THE FOLLOWING LICENSE AGREEMENT APPLIES TO ALL USE OF, ACCESS TO, OR DOWNLOADING OF RPG ALIVE 2000, RPG-ALIVE CLIENT ACCESS EDITION, RPG-ALIVE RUMBA EDITION, RPG-ALIVE REFLECTION EDITION, RPG-ALIVE SYNAPSE IP CLIENT EDITION, RPG-ALIVE BOSANOVA EDITION AND/OR RPG-ALIVE INDENTER SOFTWARE FROM WWW.RPGALIVE.COM OR ANY OTHER SOURCE AND TO ANY SUBSEQUENT USE, COPYING, OR DISTRIBUTION OF ANY SUCH SOFTWARE BY ANY PERSON AT ANY TIME. PLEASE CAREFULLY REVIEW THE TERMS OF THIS LICENSE AGREEMENT BEFORE YOU DECIDE TO PROCEED.
PROFOUND LOGIC SOFTWARE, INC. IS WILLING TO LICENSE THE SOFTWARE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS CAREFULLY BEFORE DOWNLOANDING AND/OR INSTALLING THE SOFTWARE, AS DOWNLOANDING AND/OR INSTALLING THE SOFTWARE WILL INDICATE YOUR AGREEMENT WITH PROFOUND LOGIC SOFTWARE, INC. IF YOU DO NOT AGREE WITH THESE TERMS, THEN PROFOUND LOGIC SOFTWARE, INC. IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, IN WHICH EVENT YOU SHOULD NOT CONTINUE WITH DOWNLOANDING AND/OR INSTALLING THE SOFTWARE.
The Software licensed under this Agreement consists of computer programs, data files, and online documentation referred to as RPG Alive 2000, RPG-Alive Client Access Edition, RPG-Alive Rumba Edition, RPG-Alive Reflection Edition, RPG-Alive Synapse IP Client Edition, RPG-Alive BOSaNOVA Edition and/or RPG-Alive Indenter ("the Software").
Under this license, Profound Logic Software, Inc. authorizes you to use the Software's machine readable portion and to make backup copies of the Software. You acknowledge that the Software operates in two modes: a trial mode and a fully licensed mode. Under the trial mode, the Software will operate for only a limited period of time. You may only use the Software in trial mode for a period of 30 days unless the trial period is explicitly extended by Profound Logic Software, Inc. Fully licensed mode requires that you pay a non-refundable license fee to Profound Logic Software, Inc. Upon receipt of the fee, Profound Logic Software, Inc. will issue a custom executable registration program and a confirmation key number that, when entered into the registration program, allows unlimited use of the Software on explicitly licensed AS/400 or iSeries 400 computer systems. Also upon receipt of the fee, you may download, install and use the RPG-Alive Indenter portion of the software. Furthermore, the fee covers 90 days of technical support.
RESTRICTIONS. You may not: (i) modify or translate the Software; (ii) reverse engineer, decompile, or disassemble the Software, except to the extent this restriction is expressly prohibited by applicable law; (iii) export or use the Software data compilations, structures, or algorithms with another product; (iv) remove or obscure any proprietary rights, notices or labels on the Software, or (v) charge a fee or royalty, or request donations, for any distribution or transmission of the Software.
OWNERSHIP. PROFOUND LOGIC SOFTWARE, INC. owns the Software and all intellectual property rights embodied therein, including copyrights and valuable trade secrets embodied in the Software's design and coding methodology. The Software is protected by United States copyright laws and international treaty provisions. This Agreement provides You only a limited use license, and no ownership of any intellectual property.
WARRANTY STATEMENT; LIMITATION OF LIABILITY. PROFOUND LOGIC SOFTWARE, INC. PROVIDES THE SOFTWARE "AS-IS." PROFOUND LOGIC SOFTWARE, INC. MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PROFOUND LOGIC SOFTWARE, INC. SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. YOU ASSUME THE ENTIRE RISK OF SELECTION, INSTALLATION, AND USE OF THE SOFTWARE.
To the extent that this Warranty Statement is inconsistent with the locality where You use the Software, the Warranty Statement shall be deemed to be modified consistent with such local law. Under such local law, certain limitations may not apply.
IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL PROFOUND LOGIC SOFTWARE, INC. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER MALFUNCTION, OR ANY OTHER KIND OF COMMERCIAL DAMAGE, EVEN IF PROFOUND LOGIC SOFTWARE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PROFOUND LOGIC SOFTWARE, INC. BE LIABLE FOR DAMAGES IN EXCESS OF PROFOUND LOGIC SOFTWARE'S PRICE FOR THIS SOFTWARE LICENSE.
MISCELLANEOUS. This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, representations, and agreements. This Agreement may be modified only by a written agreement signed by the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.