LICENSE AND CERTAIN RESTRICTIONS:
You are granted a limited non-exclusive license to use a copy of
the enclosed software [FTS PRO] on the computer(s) used by a single individual.
You may make one backup copy of the software for your own use. Making additional
copies or duplicating the software by any other means including electronic
transmission is illegal. It is also prohibited to give copies to another
person. You may not copy the printed materials if any, accompanying the
software, or print copies of any user documentation. You may not modify,
adapt, translate, rent, sublicense, assign, loan, resell for profit, or
network the software, disk(s), or related materials or create derivative
works based upon the software or any part thereof. The only components
you are permitted to distribute are FTSPRO.SBK and any index file [files
with .FTS extensions] generated from FTSPRO.TBK.
DISCLAIMER OF WARRANTIES:
Except as provided above, this software and any related services
are provided "as-is," and to the maximum extent permitted by
applicable law, D&D COMPUTER SERVICES disclaims all other representations
and warranties, express or implied, regarding this software, disk(s), related
materials and any services, including their fitness for a particular purpose,
their quality, their merchantability, or their noninfringement. D&D
COMPUTER SERVICES does not warrant that the software is free from bugs,
viruses, errors, or other program. Some states do not allow the exclusion
of implied warranties, so the above exclusions may not apply to you. In
that event, any implied warranties are limited in duration to ninety (90)
days from the date of purchase of the software. However, some states do
not allow limitations on how long an implied warranty lasts, so the above
limitation may not apply to you. This warranty gives you specific legal
rights, and you may have other rights as well, which vary from state to
LIMITATION OF LIABILITY AND DAMAGES:
The entire liability of D&D COMPUTER SERVICES for any reason
shall be limited to the amount paid by the customer for the software purchased
from D&D COMPUTER SERVICES or its authorized reseller. To the maximum
extent permitted by applicable law, D&D COMPUTER SERVICES and its subsidiaries,
affiliates, licensors, participating financial institutions, third-party
content or service providers, distributors, dealers or suppliers ("representatives")
are not liable for any indirect, special, incidental, or consequential
damages (including, but not limited to: damages for loss of business, loss
of profits or investment, or the like), whether based on breach of contract,
breach of warranty, tort (including negligence), product liability or otherwise,
even if D&D COMPUTER SERVICES or its representatives have been advised
of the possibility of such damages, and even if a remedy set forth herein
is found to have failed of its essential purpose, D&D COMPUTER SERVICES
and its representatives' total liability to you for actual damages for
any cause whatsoever will be limited to the amount paid by you for this
software. Some states do not allow the limitation and/or exclusion of liability
for incidental or consequential damages, so the above limitation or exclusion
may not apply to you.
The limitations of damages set forth above are fundamental elements
of the basis of the bargain between D&D COMPUTER SERVICES and you.
D&D COMPUTER SERVICES would not be able to have provided this product
or services without such limitations.
This agreement sets forth D&D COMPUTER SERVICES' and its representatives'
entire liability and your exclusive remedy with respect to the software.
You acknowledge that this agreement is a complete statement of the agreement
between you and D&D COMPUTER SERVICES, and that there are no other
prior or contemporaneous understandings, promises, representations, or
descriptions regarding the software or any related services. This agreement
does not limit any rights that D&D COMPUTER SERVICES may have under
trade secret, copyright, patent, trademark or other laws. The representatives
of D&D COMPUTER SERVICES are not authorized to make modifications to
this agreement, or to make any additional representations, commitments,
or warranties binding on D&D COMPUTER SERVICES, other than in writing
signed by an officer of D&D COMPUTER SERVICES. Accordingly, such additional
statements are not binding on D&D COMPUTER SERVICES and you should
not rely upon such statements. If any provision of this agreement is invalid
or unenforceable under applicable law, then it is, to that extent, deemed
omitted and the remaining provisions will continue in full force and effect.
The validity and performance of this agreement shall be governed by Washington
law (without reference to choice of law principles), except as to copyright
and trademark matters, which are covered by federal laws.