Sawmill Software - Your Math Buddy License Agreement - Single User

Sawmill Software ("Your Math Buddy"), IS WILLING TO LICENSE THE ENCLOSED SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. PLEASE CAREFULLY READ ALL OF THE TERMS OF THIS AGREEMENT PRIOR TO COMPLETING THIS PRODUCT INSTALLATION. BY COMPLETING THIS PRODUCT INSTALLATION, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, THEN SAWMILL SOFTWARE IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, IN WHICH EVENT, YOU SHOULD RETURN THIS PRODUCT TO THE PLACE OF PURCHASE AND YOUR MONEY WILL BE REFUNDED. AFTER THE TERMS OF THIS LICENSE AGREEMENT ARE ACCEPTED AND A REGISTRATION NUMBER IS ISSUED, THERE WILL BE NO REFUND FOR THIS YOUR MATH BUDDY SOFTWARE PROGRAM.

1. GRANT OF LICENSE. In consideration of payment of the LICENSE fee, which is a part of the price you paid for this product, Sawmill Software ("Your Math Buddy"), as LICENSOR, grants to you, the LICENSEE, a nonexclusive right to use and display this copy of this Your Math Buddy Software Program (hereinafter "the SOFTWARE") on a single (1) COMPUTER (i.e. with a single CPU) at a single location. A license for one software program is not a license for any other software program. The LICENSEE is not entitled to use any other software program under this LICENSE. Sawmill Software reserves all rights not expressly granted to LICENSEE.

2. TRANSFER RESTRICTIONS. The SOFTWARE is licensed only to you, the LICENSEE, and may not be transferred to anyone without the prior written consent of Sawmill Software. Any authorized transferee of the software program shall be bound by the terms and conditions of this agreement. In no event may you transfer, assign, rent, lease, sell, or otherwise dispose of the SOFTWARE on a temporary or permanent basis except as expressly provided herein.

3. LIMITED WARRANTY AND DISCLAIMER OF WARRANTY: THE software program IS LICENSED AND DELIVERED "AS IS" WITHOUT WARRANTY OF ANY KIND.

Sawmill Software warrants to the original LICENSEE the disk(s) on which the SOFTWARE is recorded is free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of delivery as evidenced by a copy of the receipt.

SAWMILL SOFTWARE ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY AS TO THE DISK(S) SHALL BE, AT SAWMILL SOFTWARE OPTION, EITHER (A) RETURN OF THE PURCHASE PRICE OR (B) REPLACEMENT OF THE DISK(S) THAT DOES NOT MEET SAWMILL SOFTWARE LIMITED WARRANTY AND WHICH IS RETURNED TO SAWMILL SOFTWARE WITH A COPY OF THE RECEIPT. IF FAILURE OF THE DISK(S) HAS RESULTED FROM ACCIDENT, ABUSE, OR MISAPPLICATION, SAWMILL SOFTWARE SHALL HAVE NO RESPONSIBILITY TO REPLACE THE DISK OR REFUND THE PURCHASE PRICE. ANY REPLACEMENT DISK(S) WILL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD OR THIRTY (30) DAYS, WHICHEVER IS LONGER.

THE ABOVE ARE THE ONLY WARRANTIES OF ANY KIND THAT ARE MADE BY SAWMILL SOFTWARE, EITHER EXPRESS OR IMPLIED, AND SAWMILL SOFTWARE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SAWMILL SOFTWARE, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE PRECEDING EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

4. LIMITATION OF LIABILITY: REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SAWMILL SOFTWARE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE EXISTENCE, FURNISHINGS, FAILURE OR USE OF THE SOFTWARE, EVEN IF SAWMILL SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, SAWMILL SOFTWARE SHALL HAVE NO LIABILITY FOR ANY TEXT OR DATA STORED IN OR USED WITH THIS SOFTWARE, INCLUDING THE COST OF RECOVERING OR REPRODUCING THIS TEXT OR DATA. (SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF ACCIDENTAL OR CONSE QUENTIAL DAMAGES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU).

5. JURISDICTION: This Agreement and this Disclaimer of Warranty and Limited Warranty is governed by the laws of the State of Ohio, USA without regard to or application of choice of law rules or principles.

6. U.S. GOVERNMENT RESTRICTED RIGHTS: The SOFTWARE and documentation is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subdivision (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013.

7. ENTIRE AGREEMENT: This agreement is the entire agreement between parties with respect of the subject matter of this Agreement, and supersedes any proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement.