License AgreementApplied Flow Technology License Agreement
This is a legal agreement between you (either an individual or entity) and Applied Flow Technology Corp. (AFT). By opening the sealed packet(s) you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, promptly return the unopened software packet(s) and the accompanying items (including written materials and binders or other containers) to AFT for a full refund.
1. GRANT OF LICENSE. This License Agreement permits you to use one copy of the enclosed software program (the "SOFTWARE") on a single computer. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e., RAM) or installed into permanent memory (e.g., hard disk, CD-ROM or other storage device) of that computer.
2. COPYRIGHT. The SOFTWARE is owned by AFT and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyright material (e.g., a book or musical recording) except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE.
3. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile, or disassemble the SOFTWARE. If the SOFTWARE is an update or has been updated, any transfer must include the most recent update and all prior versions.
LIMITED WARRANTY. AFT warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. There are no other warranties.
CUSTOMER REMEDIES. AFT's entire liability and your exclusive remedy shall be, at AFT's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE that does not meet AFT's Limited Warranty and which is returned to AFT with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, AFT disclaims all other warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE and the accompanying written materials. This limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall AFT be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this AFT product, even if AFT has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraph (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Applied Flow Technology, 2955 Professional Place Suite 301. Colorado Springs, CO 80904, 800-589-4943
If you acquired this product in the United States, this Agreement is governed by the laws of the State of Colorado.
Should you have any questions concerning this Agreement, or if you desire to contact AFT for any reason, please write: Applied Flow Technology, 2955 Professional Place, Suite 301, Colorado Springs, CO 80904, USA.