GRAPHICODE END USER LICENSE AGREEMENT AND LIMITED WARRANTY

IMPORTANT -- READ CAREFULLY BEFORE INSTALLING SOFTWARE. By clicking the "Yes" button or opening the sealed packet(s) containing the software, you signify your acceptance of the following GraphiCode License Agreement.

THIS IS A LEGAL AGREEMENT BETWEEN GRAPHICODE, INC. AND YOU, THE END USER. CAREFULLY READ THIS AGREEMENT BEFORE OPENING AND INSTALLING THE SOFTWARE. BY CLICKING THE "YES" BUTTON OR OPENING THE DISK PACKAGE, YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT. GRAPHICODE WILL NOT ACCEPT ANY PURCHASE ORDER OR SELL YOU A LICENSE TO INSTALL AND USE THE SOFTWARE UNLESS YOU AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT OPEN THE DISK PACKAGE OR INSTALL THE SOFTWARE ON YOUR COMPUTER. REMOVE ALL COPIES ON YOUR COMPUTER AND/OR RETURN THE UNOPENED DISK PACKAGE AND ACCOMPANYING MATERIALS WITHIN 30 DAYS OF SHIPMENT FOR A FULL REFUND OF YOUR LICENSE FEE.

SINGLE COPY/NETWORK SOFTWARE LICENSE

Federal copyright law and international treaty protect this software. If you have purchased a single copy license, you may load and use the software on a single computer. If you have purchased a network license, you may install and use the software on a file server for a single local area network, and the software may be used simultaneously on the network by no more than the number of users specified in your license certificate. You may also make a copy of the software for backup or archival purposes. If you receive a copy of the software electronically and on disk, you may use the disk copy for archival purposes only.

Copyright law prohibits you from making any other copy of the software and user manual without GraphiCode's permission. You may not alter, modify or adapt the software or user manual, nor create any derivative works based on them. GraphiCode distributes the software in computer executable form only, and does not allow user access to the underlying source code and data. You may not reverse engineer, decompile, or disassemble the software to gain access to such code and data, except to the extent applicable law expressly permits such activity. Decompiling or disassembling the software may also violate the software's copyright.

You may not sublicense, sell, rent, lend, or give away the software to others. You may, however, with GraphiCode's prior written permission, transfer the software, written materials, and this license agreement as a package if the other party registers with GraphiCode and agrees to accept this agreement. You may not transfer a license originally sold at a discount to a multi-package site unless you transfer all the licenses at the site. You may not retain any copies of the software yourself once you have transferred it.

Any unauthorized copying, distribution, or modification of the software will automatically cancel your license to use the software and violate the software's copyright.

LIMITED WARRANTY AND REMEDIES

GraphiCode warrants that the software will perform in substantial compliance with the specifications set forth in the user manual provided with the software, provided that it is not modified and it is used on the computer hardware and with the operating system for which it was designed. GraphiCode also warrants that any disk media and printed user manuals it provides are free from defects in materials and workmanship under normal use. These warranties are limited to the 90-day period from your original purchase. If you report in writing within 90 days of purchase a substantial defect in the software's performance, GraphiCode will attempt to correct it or, at its option, authorize a refund of your license fee. If you return a faulty disk or printed user manual during this period, along with a dated proof of purchase, GraphiCode will replace it free of charge. You must insure items being returned, since GraphiCode does not accept the risk of loss or damage in transit. 

EXCEPT AS EXPRESSLY SET FORTH ABOVE, GRAPHICODE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, MEDIA, OR USER MANUAL, INCLUDING THEIR QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GRAPHICODE WILL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF GRAPHICODE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN PLACE OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED.

Because Software is inherently complex and may not be completely free of errors, GraphiCode is not responsible for any costs including, but not limited to, lost profits or revenue, loss of time or use of the software, loss of data, the cost of recovering software or data, the cost of substitute software, claims by third parties, or similar costs. In no event will GraphiCode's liability exceed the license fee.

MAINTENANCE AND SUPPORT

GraphiCode and its authorized dealers provide maintenance and support for GraphiCode products subject to the terms and conditions in GraphiCode's maintenance and support policies. GraphiCode may change maintenance and support policies from time to time at its sole discretion without notice.

U.S. GOVT. RESTRICTED RIGHTS

This software and documentation are provided to the U.S. government with RESTRICTED RIGHTS. Use, duplication, or disclosure is subject to restrictions set forth in the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013(c)(1)(ii), and the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19(c)(1), (2). Contractor/manufacturer is GraphiCode, Inc., 6608 216th Street SW, Suite 100, Mountlake Terrace, WA  98043  USA.

GENERAL

This is the complete and exclusive statement of the agreement between you and GraphiCode. It supersedes any prior agreement or understanding, oral or written, between you and GraphiCode, its agents and employees, with respect to this subject. No GraphiCode distributor, dealer, or agent is authorized to make any modification, extension, or addition to this Agreement and the limited warranty and limitation of liability. The laws of the State of Washington, USA govern this agreement.




 

 






