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IMPORTANT-PLEASE READ THIS DOCUMENT CAREFULLY. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT PROVIDED BY DOGBASE, INC. ("DOGBASE"). YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROPMTLY RETURN THE UNUSED SOFTWARE PRODUCT TO THE PLACE FROM WHICH YOU OBTAINED IT FOR A FULL REFUND.
The enclosed computer
program(s) and the accompanying documentation are provided to the End-User by
DogBase ("Licensor") for use only under the following terms. Licensor
reserves any right not expressly granted to the End-user. The End-User owns
the disk on which the Software is recorded, but Licensor retains ownership of
all copies of the Software itself. The End-User assumes sole responsibility
for the installation, use and results obtained from use of the Software.
1. License. The software and related documentation for this package ("the Software") are licensed to you by DogBase. You own the disks on which the Software resides, but DogBase retains all right, title and interest to the information which is on the disks and related documentation which are protected by various proprietary rights, including copyrights, trade secrets, or patents (Proprietary Rights). The Proprietary Rights are licensed to you by DogBase. This License allows you to use the Software on a single personal computer or workstation and to make one copy of the Software in machine-readable form for backup purposes only. You must reproduce on such copy the copyright notices and any other proprietary legends that were on the original copy of the Software. No license, right or interest in any trademark, trade name or service mark of DogBase or any third party is granted under this License. You acknowledge that this License in no way shall be construed to provide an express or implied license to use, modify or improve any of DogBases patents, copyrights, trade secrets and/or trademarks.
2. Restrictions. Personal use only, not permitted to create derivative works, including but not limited to Programs, Racing Forms, Tip Sheets, etc. You may not attempt to create or derive source codes by disassembly, reverse engineering or any other method, or otherwise reduce the Software to a human-perceivable form. You may not modify or translate any part of the Software. You may only use the Software with a single personal computer or workstation. You may not use, disclose, distribute, make or have made any copies of the Software, in whole or in part, nor rent, lease or lend the Software without the prior written authorization of DogBase, provided, however, that you may maintain a backup copy of the Software during the term of this License. You agree to provide notice to DogBase immediately after learning of or having reason to suspect breach of any of the restrictions set forth in this Article 2.
3. Protection and Security. The End-User agrees to use its best efforts and to take all reasonable steps to safeguard the Software to ensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution in whole or in part, in any form, shall be made. The End-User acknowledges that the Software contains valuable confidential information and trade secrets and that unauthorized use and/or copying are harmful to Licensor.
4. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Software, and all copies thereof. This License will terminate immediately without notice from DogBase if you fail to comply with any provision of this License. Upon termination, you must destroy the Software and all copies thereof.
5. Limited Warranty. DogBase warrants the disks on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of your receipt. DogBases entire liability and your exclusive remedy will be replacement of a disk that does not meet DogBases limited warranty and is returned at your expense, along with a copy of your receipt to DogBase. If replacement of the disks is not reasonably practical or commercially reasonable as determined solely in the discretion of DogBase, DogBase will refund the purchase price as evidenced by a purchase receipt. DogBase will have no responsibility to replace a disk damaged by accident, abuse or misapplication. EXCEPT FOR THE FOREGOING, THE SOFTWARE AND RELATED DOCUMENTATION ARE PROVIDED AS IS, WITHOUT ADDITIONAL WARRANTY OF ANY KIND, AND DOGBASE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE, ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD PARTYS PATENT(S), TRADE SECRET(S), COPYRIGHT(S) OR OTHER INTELLECTUAL PROPERTY RIGHTS. DOGBASE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, DOGBASE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DOGBASE OR DOGBASES AUTHORIZED REPRESENTATIVE SHALL CREATE ANY WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT DOGBASE OR DOGBASES AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME STATES DO NOT ALLOW 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 RIGHTS WHICH VARY FROM STATE TO STATE.
6. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DOGBASE BE LIABLE FOR ANY LOST REVENUE OR PROFITS OR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF DOGBASE OR DOGBASES AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. IN NO EVENT SHALL DOGBASES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.
From time to time Licensor may, in its sole discretion, advise the End-User
of updates, upgrades, enhancements or improvements to the Software and/or new
releases of the Software (collectively, "Enhancements"), and may license
the End-User to use such Enhancements upon payment of prices as may be established
by Licensor from time to time. All such Enhancements to the Software provided
to the End-User shall also be governed by the terms of this License.
8. Controlling Law. This License shall be governed by and construed in accordance with the substantive laws of the State of Florida, and shall inure to the benefit of Licensor and End-User and their successors, assigns and legal representatives. If any provision of this License is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect.
9. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior proposals, agreements, representations, statements and undertakings are hereby expressly cancelled and superseded. This Agreement may not be changed or amended except by a written instrument executed by a duly authorized officer of Licensor.
10. Acknowledgment. BY INSTALLING THE SOFTWARE, THE END-USER ACKNOWLEDGES THAT IT HAS READ THIS LICENSE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
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Copyright © 2002 DogBase, Inc. All Rights Reserved.
Last Updated 01/08/2002