Software Licensing Agreement

DISCLAIMER

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING THIS DISKETTE.  INSTALLING THIS DISKETTE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. 

DEFINITIONS

"You" and "Your" shall be taken as referring to the person or business entity who is using or distributing copies of this software.

"Software" shall be taken as referring to the files supplied on the diskette(s) inside the package, and to any and all copies, updates, modifications, functionally-equivalent derivatives, or any parts or portions thereof.

LICENSE

You may:

1. You can distribute this software if you are distributing it for free or have been previously authorized by ResNova Software, Inc. Additionally, you may not alter or distribute any portion of this software other than the complete package.

2. You may use NovaTerm to connect to any NovaServer that has a license for such use.

TERM

This license is effective until terminated.  You may terminate it at any time by destroying all copies of the Software covered by this Agreement.  It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement.  You agree upon such termination to destroy this Software, including all copies, functionally- equivalent derivatives, and all portions and modifications thereof in any form.

LIMITED WARRANTY

THIS SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO , THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU.  SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (NOT RESNOVA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. ResNova does not warrant that the functions contained in this software will meet your requirements or that the operation of this Software will be uninterrupted or error-free.  However, ResNova does warrant the diskette on which the Software is furnished to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to you.

IN NO EVENT WILL RESNOVA BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF RESNOVA OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

GENERAL

BY INSTALLING OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.  YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
