READ CAREFULLY BEFORE PROCEEDING
ATTENTION: THIS IS A LEGAL CONTRACT THAT
DEFINES WHAT YOU MAY DO WITH THE WORKSPACE MANAGER(tm)
SOFTWARE, AND ALL RELATED EXPLANATORY MATERIALS WHETHER
INCLUDED IN THE MATERIALS YOU ARE INSTALLING OR DOWNLOADING,
FOUND ELSEWHERE ONLINE, OR SUBSEQUENTLY ORDERED BY YOU AND
DELIVERED IN PRINTED FORM (THE SOFTWARE AND ALL EXPLANATORY
MATERIALS ARE REFERRED TO AS "THE PROGRAM"). THE
CONTRACT ALSO CONTAINS LIMITATIONS ON WARRANTIES AND/OR
REMEDIES.
THE PROGRAM IS COPYRIGHTED AND LICENSED (NOT SOLD). READ
THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY
BEFORE CONTINUING TO INSTALL OR DOWNLOAD THE PROGRAM. BY
CONTINUING TO INSTALL OR DOWNLOAD THE PROGRAM, YOU INDICATE
THAT YOU HAVE READ, UNDERSTAND, AND ACCEPT THE TERMS AND
CONDITIONS BELOW. IF YOU DO NOT ACCEPT THESE TERMS YOU SHOULD
CLICK THE [NO] BUTTON AND THIS INSTALLATION OR DOWNLOAD
WILL END.
END-USER LICENSE AGREEMENT AND LIMITED
WARRANTY
This Agreement has 3 parts. Part I applies
if you have not (yet) purchased a license to the Program. Part
II applies if you have purchased a license to the Program.
Part III applies to all license grants. If you initially
acquired a copy of the Program without purchasing a license
and you wish to purchase a license, please refer to the Help
pulldown menu in the Program or call Empower at 847-299-6952.
PART I -- TERMS APPLICABLE
WHEN LICENSE FEES NOT (YET) PAID
When you accept this
License Agreement, Empower grants a non-exclusive and
non-transferable license to use the Program as described in
this License Agreement to you, free of charge for thirty (30)
days from the date you first install the Program (the
"Evaluation Period") for the purpose of evaluating
whether to purchase an ongoing license of the Program. During
the Evaluation Period you are not entitled to hard-copy
documentation, support or telephone assistance. You may not
renew or extend the Evaluation Period by subsequent downloads
and installation of this Program. If you continue to use the
Program after the Evaluation Period ends you agree to purchase
an ongoing license from Empower.
You may install and use
the Program on as many computers as you like, or on a network,
but only if no one else uses the Program and you use only one
copy of the Program at a time. You may make one backup copy of
the Program.
Except when this License
Agreement specifically permits you, you may not: make copies
of the Program; translate, decompile, disassemble, extract or
otherwise reverse engineer the Program; grant a license or
sublicense the Program; rent, lease, assign, or transfer the
Program; modify the Program or merge any or all of the Program
with another program; remove any proprietary labels or notices
on the Program; transmit or install the Program on machines
not within your organization; or permit users who are not
covered by this License Agreement to use the Program.
DISCLAIMER OF WARRANTY THIS IS A LIMITED
WARRANTY.
YOUR USE OF THE PROGRAM
IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, EMPOWER AND ITS SUPPLIERS DISCLAIM ALL
WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT. THIS IS THE ONLY WARRANTY MADE BY EMPOWER
WITH RESPECT TO THE PROGRAM. SOME STATES DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY
FROM STATE TO STATE.
LIMITS ON LIABILITY
EMPOWER WILL NOT BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF PROFITS,
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND
WITHOUT REGARD TO THE LEGAL THEORY OR THEORIES YOU MAY ADVANCE
IN SUPPORT OF SUCH DAMAGES, EVEN IF EMPOWER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. EMPOWER'S ENTIRE LIABILITY
AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL NOT
EXCEED THE PRICE YOU PAID FOR THIS COPY OF THE PROGRAM. SOME
STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE DISCLAIMER OF
WARRANTY AND LIMITS ON LIABILITY ARE FUNDAMENTAL REQUIREMENTS
OF THE BASIS OF THE BARGAIN BETWEEN EMPOWER AND YOU. EMPOWER
WOULD NOT BE ABLE TO PROVIDE THE PROGRAM WITHOUT SUCH
LIMITATIONS.
PART II -- TERMS APPLICABLE WHEN LICENSE
FEES PAID
When you accept this
License Agreement and pay all applicable license fees to
Empower, Empower grants to you a non-exclusive and
non-transferable license to use the Program as described in
this License Agreement.
You and all other users
covered by this license may install and use the Program on as
many computers as you like, or on a network, but only if no
one else uses the Program and that you use only one copy of
the Program at a time/for use by as many users as are covered
by this license. You may make one backup copy of the Program.
Except when this License
Agreement specifically permits you, you may not: make copies
of the Program; translate, decompile, disassemble, extract or
otherwise reverse engineer the Program; grant a license or
sublicense the Program; rent, lease, assign, or transfer the
Program; modify the Program or merge any or all of the Program
with another program; remove any proprietary labels or notices
on the Program; transmit or install the Program on machines
not within your organization; or permit users who are not
covered by this License Agreement to use the Program.
LIMITED WARRANTY THIS IS A LIMITED WARRANTY.
Empower warrants that the
Program will perform substantially in accordance with the
specifications set forth in all associated documentation for a
period of thirty (30) days after you purchased the Program if
you have properly installed and operated the Program in
accordance with this License Agreement. Empower does not
warrant that the operation of the Program will meet your
requirements or operate either without interruption or free
from error. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMPOWER
DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED
INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
THIS IS THE ONLY WARRANTY MADE BY EMPOWER WITH RESPECT TO THE
PROGRAM. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE
OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
LIMITS ON LIABILITY
EMPOWER WILL NOT BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF PROFITS,
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND
WITHOUT REGARD TO THE LEGAL THEORY OR THEORIES YOU MAY ADVANCE
IN SUPPORT OF SUCH DAMAGES, EVEN IF EMPOWER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. EMPOWER'S ENTIRE LIABILITY
AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL NOT
EXCEED THE PRICE YOU PAID FOR THIS COPY OF THE PROGRAM. SOME
STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE LIMITED WARRANTY AND
LIMITS ON LIABILITY ARE FUNDAMENTAL REQUIREMENTS OF THE BASIS
OF THE BARGAIN BETWEEN EMPOWER AND YOU. EMPOWER WOULD NOT BE
ABLE TO PROVIDE THE PROGRAM WITHOUT SUCH LIMITATIONS.
PART III -- TERMS APPLICABLE TO ALL
LICENSE GRANTS
PROPRIETARY RIGHTS.
Empower or its suppliers
own the Program and all intellectual property rights relating
to the Program and its structure, organization, and code are
the valuable trade secrets of Empower. The Program also is
protected by United States Copyright Law and International
Treaty provisions. You may use Empower's trademarks only to
the extent that you are required to do so in order to comply
with this License Agreement. Such use of any trademark does
not give you any rights of ownership in that trademark. Except
as stated above, this License Agreement does not grant you any
intellectual property rights in the Program.
TERM.
Your right to use the
Program will terminate automatically if you fail to comply
with the limitations described in this License Agreement, even
if Empower does not give you notice that your right has ended.
When your rights to use the Program end, you shall stop using
the Program, remove the Program from your computer(s), and
either destroy all copies of the Program or return all copies
of the Program to Empower. The Disclaimer or Warranty or
Limited Warranty and Limits on Liability that are applicable
to you shall continue in force even after your rights to use
the Program end.
U.S. GOVERNMENT RESTRICTED RIGHTS.
If the Program is
acquired on behalf of the U.S. Government, or any agency or
department of the U.S. Government, the following provisions
shall apply. The Program, including the information included
with the Program and all accompanying documentation,
constitutes "commercial items" as defined in 48
C.F.R. 2.101 (Oct. 1995), consisting of "commercial
computer software" and "commercial computer software
documentation" as used in 48 C.F.R. 12.212 (Sept. 1995)
and 48 C.F.R. 227-7202 (June 1995). Use, reproduction, or
disclosure by the U.S. Government is subject to the
restrictions of this license and 48 C.F.R. 52.227-19(c) (June
1987), 48 C.F.R. 1852.227-86(d) or similar or successor
provisions as applicable. If the Program is acquired on behalf
of the Department of Defense of the U.S. Government, the
Program is supplied subject to "Restricted Rights"
as that term is defined at DFAR 252.227-7013(b).
EXPORT RESTRICTIONS
You agree that you will
not export or re-export, the Program or any of its underlying
information or technology, whether by downloading or otherwise
distributing the Program, to any country, person, entity or
end user subject to U.S.A. export restrictions whether by
reason of embargo or by designation on the U.S. Treasury
Department's list of Specially Designated Nationals or the
U.S. Commerce Department's Table of Denial Orders. Restricted
countries currently include, but are not limited to Cuba,
Iran, Iraq, Libya, North Korea, Syria, and the Federal
Republic of Yugoslavia (Serbia and Montenegro, U.N. Protected
Areas and areas of Republic of Bosnia and Herzegovina under
the control of Bosnian Serb forces). By continuing to install
or download the Program, you are informing Empower that you
understand that Empower is making the Program available to you
in reliance on the information that you are not located in,
under the control of, or a national or resident of any such
country or designated on any such list warrant and also that
neither the U.S.A. Bureau of Export Administration nor any
other federal agency has suspended, revoked or denied your
export privileges.
GENERAL
This Agreement shall be governed by and
construed under the laws of the State of Illinois as that law
applies to contracts to be performed in Illinois between
residents of Illinois. The application of the United Nations
Convention on Contracts for the International Sale of Goods is
expressly excluded. If any provision of this Agreement is held
to be unenforceable, the enforceability of the remaining
provisions shall in no way be affect or impaired thereby. This
Agreement represents the entire agreement concerning the
Program between you and Empower and any prior proposal,
representation, or understanding between you and Empower is
now void.
BY INSTALLING OR DOWNLOADING THIS PROGRAM,
YOU INDICATE THAT YOU HAVE READ, UNDERSTAND, AND ACCEPT THE
TERMS AND CONDITIONS ABOVE AND THAT THIS IS THE COMPLETE AND
EXCLUSIVE STATEMENT OF THE AGREEMENT RELATING TO THE PROGRAM
BETWEEN US.
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