Read this License carefully before using the software. By using the software, you are agreeing to be bound by the terms of this License. If you do not agree to the terms of this License, promptly delete the unused Software.
1. LICENSE - The software and related documentation accompanying this License, whether on CD, disk, in read-only memory, or on any other media (the "Software") is licensed to you by Ohio Distinctive Software, Inc. (hereinafter called "ODS"). You own the CD on which the Software is recorded, but ODS and/or ODS's Licensor(s) retain title to the Software. No title to or ownership rights in the Software, or any portion of the Software, are transferred. This License allows you to use the Software on a single computer and make one copy of the Software in machine-readable form for backup purposes only. You must reproduce on such a copy the ODS copyright notice and any other proprietor legends that were on the original copy of the Software. You may also transfer all your license rights in the Software, the backup copy of the Software and a copy of the License to another party, provided the other party reads and accepts the terms and conditions of this License.
2. RESTRICTIONS - The Software contains copyrighted material, trade secrets and other proprietary material; to protect them, you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. You may not modify, network, rent, lease, loan, distribute or create derivative works based upon the Software in whole or in part. You may not electronically transmit the Software to or from a computer or over a network.
3. 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 ODS if you fail to comply with any provision of this License. Upon termination you must destroy the Software and all copies thereof.
4. EXPORT LAW ASSURANCES - You agree and certify that neither the Software, nor its printouts, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States.
5. LIMITED WARRANTY ON MEDIA AND SOFTWARE - ODS warrants the CD's on which the Software is recorded to be free from defects in materials and workmanship. ODS uses virus protection software and has policies and procedures to help prevent the spread of computer viruses but does not warrant and does not accept liability for the spread of any virus via its products. ODS's entire liability and your exclusive remedy will be either a refund of money you have paid to ODS of replacement of the CD(s) not meeting ODS's limited warranty. Any implied warranties on the software, including the implied warranties of merchantability and fitness for a particular purpose, are limited in a duration to ninety days from the date of delivery. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
6. ADDITIONAL DISCLAIMER OF WARRANTY - You expressly acknowledge and agree that use of the Software is at your sole risk. The Software is provided "AS IS"and without warranty of any kind, and ODS and ODS's Licensor(s) (for the purposes of provisions 6 and 7, ODS and ODS's Licensor(s) shall be collectively referred to as "ODS") expressly disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. ODS does not warrant that the functions contained in the Software will meet you requirements, or that the operation of the Software will be uninterrupted of error-free, or that defects in the Software will be corrected. Furthermore, ODS does not warrant or make any representation 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 ODS or an ODS authorized representative shall create a warranty or in any way increase the scope of this warranty. Should the Software prove defective, you (and not ODS or an ODS authorized representative) assume the entire cost of all necessary servicing, repair or correction. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
7. LIMITATION OF LIABILITY - Under no circumstances, including negligence, shall ODS be liable for any incidental, special or consequential damages that result from the use or inability to use the Software, even if ODS or an ODS 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 ODS's 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.
8. CONTROLLING LAW AND SEVERABILITY - This License shall be governed by and construed in accordance with the laws of the United States and the State of Ohio, as applied to agreements entered into and to be performed entirely within Ohio between Ohio residents. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue 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 or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by the president of ODS.