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Home of the Arizona Plants CD
Welcome to:
NORTH AMERICAN
BOTANY'S
EULA License Page
License Agreement
NOTICE: NORTH AMERICAN BOTANY IS WILLING TO LICENSE
THE ACCOMPANYING SOFTWARE TO YOU ONLY UPON THE
CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED
IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS
CAREFULLY BEFORE OPENING THE PACKAGE (IF APPLICABLE)
OR PRESSING THE "AGREE" BUTTON, BECAUSE OPENING THE
PACKAGE (IF APPLICABLE) OR PRESSING THE "AGREE"
BUTTON WILL INDICATE YOUR AGREEMENT TO SUCH TERMS.
IF YOU ARE READING THIS LICENSE AGREEMENT, YOU MUST
HAVE ALREADY PURCHASED THIS SOFTWARE AND READ THE
FRONT LABEL WHICH EXPLAINS THAT YOU MUST HAVE GONE
TO THE WEBSITE AND READ THIS LICENSE AGREEMENT ON
THE WEBSITE BEFORE OPENING THE PACKAGE THIS SOFTWARE
CAME IN. IF YOU DO NOT AGREE TO THESE TERMS, THEN
NORTH AMERICAN BOTANY IS UNWILLING TO LICENSE THE
SOFTWARE TO YOU, AND (IF APPLICABLE) YOU SHOULD
PROMPTLY RETURN THE SOFTWARE TO THE PLACE FROM WHICH
IT WAS ACQUIRED FOR A REFUND OF YOUR MONEY.
The Software and accompanying documentation, whether
on disk, in read only memory, on any other media or
in any other form (collectively the "Software"), are
licensed (not sold) to you ("Licensee") by North
American Botany ("Licensor") for use only under the
terms of this License ("License") and Licensor
reserves all rights not expressly granted to
Licensee. The rights granted herein are limited to
Licensor's intellectual property rights in the
Software and do not include any other patent or
intellectual property rights. Licensee owns the
media on which the Software is recorded but Licensor
retains ownership in the Software itself.
1. License. Licensee is granted a limited,
non-exclusive and non-transferable license to do
only the following: (A) Install and use one copy of
the Software on a single computer for Licensee's
private use only and not for use by or in connection
with any other person or entity, commercial or
otherwise; and (B) Make one copy of the Software in
machine-readable form solely for backup purposes
provided, however, that Licensee must reproduce on
the copy all copyright and proprietary notices
contained on the original.
2. Restrictions. Licensee may not copy the Software,
or any part thereof except, and only, to the limited
extent expressly permitted in Section 1 above.
Licensee may not allow the Software to exist on more
than one computer at a time. Licensee may not use
the Software from multiple locations of a multi-user
or networked system where it could be used by
multiple computers at any one time. Licensee may not
distribute copies of the Software to others or
electronically transfer the Software from one
computer to another over a network or the Internet.
Licensee may not decompile, reverse engineer,
disassemble, modify, adapt, translate or create
derivative works of the Software, or any part
thereof. If the Software has been obtained for
purposes of demonstration, Licensee expressly agrees
to abide by any date restrictions (and all other
restrictions) provided in connection with such
Software and to terminate any and all use of the
Software subsequent to the date-restricted time
period. No right is granted for the use of the
Software directly or indirectly for or by any third
person or entity, commercial or otherwise. Licensee
may not use any of the pictures in this software or
on its CD or DVD for any other uses except for the
use solely in this software. Licensee may not screen
capture any of this program in an attempt to get
pictures to use in any other application or for any
other purpose. Licensee may not use the Software, in
any way, for or on behalf of any third person or
entity without first having entered into a separate
written License Agreement with Licensor relating to
such use.
3. Protection and Security. Licensee agrees to use
its best efforts and to take all reasonable steps to
safeguard the Software to ensure that no
unauthorized person shall have access thereto and
that no unauthorized copy, publication, disclosure
or distribution in whole or in part, in any form,
shall be made. Licensee acknowledges that the
Software contains valuable copyrighted subject
matter, confidential information and trade secrets
and that unauthorized use and/or copying are harmful
to Licensor.
4. Term and Termination: This License is effective
until terminated. Licensee may terminate this
license at any time by destroying all copies, full
or partial, of the Software and all related
documentation. In addition, Licensor has the right
to terminate this License immediately upon notice to
Licensee. This License will terminate immediately
and automatically without notice from Licensor if
Licensee fails to comply with any term(s) of this
License. Upon termination of this License, Licensee
must cease all use of the Software and destroy all
copies, full or partial, of the Software.
5. Disclaimer of Warranties; Limitation of
Liabilities. THE SOFTWARE AND ACCOMPANYING
DOCUMENTATION ARE PROVIDED "AS IS" WITH ALL FAULTS
AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE EXTENT
ALLOWED BY APPLICABLE LAW, LICENSOR HEREBY DISCLAIMS
AND EXCLUDES ALL WARRANTIES AND CONDITIONS WITH
RESPECT TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT AND LICENSOR
FURTHER DISCLAIMS AND EXCLUDES ALL WARRANTIES AND
CONDITIONS ARISING FROM ANY COURSE OF DEALING, USAGE
OR TRADE PRACTICE.
IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE
LIABLE FOR ANY LOSS OF REVENUE, LOSS OF PROFITS,
LOSS OF DATA, OR BUSINESS INTERRUPTION, NOR SHALL
LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE
DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT
OR THE USE OF, OR INABILITY TO USE, THE SOFTWARE,
HOWEVER CAUSED, AND REGARDLESS OF THE THEORY OF
LIABILITY (CONTRACT, TORT OR OTHERWISE) EVEN IF
LICENSOR OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. LICENSEE ASSUMES SOLE
RESPONSIBILITY FOR THE INSTALLATION, USE AND RESULTS
OBTAINED FROM USE OF THE SOFTWARE. WITHOUT IN ANY
WAY LIMITING THE FOREGOING, IN NO EVENT SHALL ANY
LIABILITY OF LICENSOR OR ITS SUPPLIER(S), WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE,
EXCEED THE PRICE PAID FOR THE SOFTWARE.
6. Export Controls. This Software, including
technical data, is subject to U.S. export control
laws, including the U.S. Export Administration Act
and its associated regulations, and may be subject
to export or import regulations in other countries.
Licensee shall comply strictly with all such
regulations.
7. Governing Law, Jurisdiction and Venue. This
License is entered into in the State of PHOENIX,
United States of America. This License shall be
governed by and construed in accordance with the
laws of the State of PHOENIX, United States of
America without giving effect to the principles of
the conflicts of law thereof. Any action brought in
connection with this License shall be brought in the
state or federal courts located in the State of
PHOENIX, United States of America and Licensee
consents to jurisdiction (including personal
jurisdiction over the Licensee) and venue in such
courts, and Licensee further agrees to waive formal
service of process and consents to receive service
of process by mail.
8. Enhancements. From time to time Licensor may, in
its sole discretion, advise Licensee of updates,
upgrades, enhancements or improvements to the
Software and/or new releases of the Software
(collectively, "Enhancements"), and may license
Licensee to use such Enhancements upon payment of
prices as may be established by Licensor from time
to time. All such Enhancements to the Software
provided to Licensee shall also be governed by the
terms of this License or another license provided
with the Enhancements.
9. Assignment and Transfer. This License may be
assigned by Licensor without notice to Licensee.
This License shall inure to the benefit of Licensor
and its successors and assigns. Licensee may not
assign, license, sell or otherwise transfer this
License without first having obtained the express
written consent of Licensor.
10. Severability; Entire Agreement. If any provision
of this License is found to be void or
unenforceable, the remaining provisions of this
License shall remain in full force and effect. This
License constitutes the entire agreement between the
parties with respect to use of the Software and
supercedes all prior or contemporaneous
understandings regarding such subject matter. This
License may not be amended or modified without the
express written consent of the Licensor.
11. Headings. The headings of the various paragraphs
in this License are inserted for convenience of
reference only and are not intended to be a part of
or to effect the meaning or interpretation of this
License.
12. Notices. Any notices or other communications
under this License to Licensor must be mailed first
class, postage prepaid to the following address:
North American Botany, P.O. Box 41518, Phoenix, AZ
85080, USA. Licensor may otherwise be contacted by
e-mail at
sales@nambotany.com.nambotany.com
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website.
Please
contact us at
sales@nambotany.com
to place your order either for personal use or for
wholesale prices!
©
North American Botany
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