BiblioMaker License software agreement
1. General. The software, documentation and any fonts accompanying this License whether on DVD, downloaded from Internet, in read only memory, on any other media or in any other form (collectively the "Software") are licensed, not sold, to you by Micro Consulting S.A. ("MC") for use only under the terms of this License, and MC reserves all rights not expressly granted to you. The rights granted herein are limited to MC's and its licensors' intellectual property rights in the Software and do not include any other patents or intellectual property rights. You own the media on which the Software is recorded but MC and/or MC's licensor(s) retain ownership of the Software itself. The terms of this License will govern any software upgrades provided by MC that replace and/or supplement the original Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Permitted License Uses and Restrictions. This License allows you to install and use one copy of the Software on a single computer at a time. You may make one copy of the Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Software or any part thereof.
3. Transfer. You may not rent, lease, lend or sublicense the Software. All components of the Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications.
4. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from MC if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Software and destroy all copies, full or partial, of the Software.
5. Limited Warranty on Media. MC warrants the media on which the Software is recorded and delivered by MC to be free from defects in materials and workmanship under normal use for a period of one year from the date of original retail purchase. Your exclusive remedy under this Section shall be, at MC’s option, a refund of the purchase price of the product containing the Software or replacement of the Software which is returned to MC or an MC authorized representative with a copy of the receipt.
6. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MC AND MC'S LICENSORS (COLLECTIVELY REFERRED TO AS "MC" FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MC OR A MC AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL MC BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall MC's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred Swiss Francs (100 CHF). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of Switzerland. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.