Clubs Family
PROGRAM LICENSE AGREEMENT FOR OSITECH
SOFTWARE
(Standard Edition)
PLEASE REVIEW THE FOLLOWING LICENSE AGREEMENT BEFORE OPENING THIS SEALED
PACKAGE. OPENING THIS PACKAGE, INSTALLING, COPYING, OR OTHERWISE USING THE
PROGRAMS INDICATES YOUR ACCEPTANCE OF THE AGREEMENT TERMS AND CONDITIONS. IF YOU
DO NOT AGREE TO THE TERMS AND CONDITIONS IN THE AGREEMENT, DO NOT INSTALL OR USE
THE PROGRAMS AND PROMPTLY RETURN THIS UNOPENED PACKAGE FOR A REFUND.
The programs in this package are a proprietary product of Ositech Communications
Incorporated, and are protected by Copyright Law.
OSITECH provides this program and licenses its use in the United States and
Canada, and you assume responsibility for the selection of program to achieve
your intended results, and for the installation, use and results obtained from
the program.
You may use the program on a single computer. You may copy the program into any
computer readable or printed form for back-up or modification purposes in
support of your use of the program on the single computer (Certain programs,
however, may include mechanisms to limit or inhibit copying, they are marked
"copy protected".) You may modify the program and/or merge it into
another program for your use on the single computer (Any portion of this program
merged into another program will continue to be subject to the terms and
conditions of this Agreement) You may transfer the program and license to
another party if the party agrees to accept the terms and conditions of this
Agreement. If you transfer the program, you must at the same time either
transfer all copies whether in printed or computer readable form to the same
party or destroy any copies not transferred; this includes all modifications and
portions of the program contained or merged into other programs. You must also
reproduce and include the copyright notice on any copy, modifications, or
portion merged into another program.
YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE PROGRAM, OR ANY COPY,
MODIFICATION, OR MERGED PORTION, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY
PROVIDED FOR IN THIS AGREEMENT. IF YOU TRANSFER POSSESSION OF ANY COPY,
MODIFICATION, OR MERGED PORTION OF THE PROGRAM TO ANOTHER PARTY, YOUR LICENSE IS
AUTOMATICALLY TERMINATED.
TERM
The license is effective until terminated. You may terminate it at any other
time by destroying the program together with all copies, modifications, and
merged portions in any form. It will also terminate upon conditions set forth
elsewhere in the Agreement or if you fail to comply with any term or condition
of this Agreement. You agree upon such termination to destroy the program
together with all copies, modifications, and merged portions in any form.
LIMITED WARRANTY AND REMEDIES
The program 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. You assume the entire risk
as to the quality and performance of the program. Should the program prove
defective, you (and not OSITECH or an authorized dealer) assume the entire cost
of necessary servicing, repair, or correction.
Some jurisdictions 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 that vary from province-to-province
and state-to-state.
OSITECH does not warrant the function contained in the program will meet your
requirements or that the operation of the program will be uninterrupted or error
free. However, OSITECH does warrant the diskette(s) on which the program 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 as evidenced by a copy of your receipt. This warranty is limited
to you and is not transferable.
During the 90-day warranty period:
OSITECH will replace any diskette not meeting the foregoing warranty and which
is returned to OSITECH or an authorize dealer with a copy of your receipt. If
OSITECH or an authorized dealer is unable to deliver a replacement diskette
which is free from defects in material or workmanship, you may terminate this
Agreement by returning the program and your money will be refunded.
IN NO EVENT WILL OSITECH BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES.
INCLUDING ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST
SAVINGS, OR OTHER DAMAGES ARISING OUT OF THE USE OR THE INABILITY TO USE SUCH
PROGRAM.
GENERAL
You may not sublicense, assign, or transfer the license or the program except as
expressly provided in this Agreement. Any attempt to otherwise sublicense,
assign, or transfer any of the rights, duties, or obligations hereunder is null
and void.
This agreement will be governed by the laws of the Province of Ontario, Canada.
If this product was acquired outside Canada, local law may apply.
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.
Should you have any questions concerning this Agreement, or if you desire to
contact OSITECH for any reason, write:
OSITECH Communications, Inc. / 679 Southgate Drive / Guelph, Ontario, Canada N1G
4S2.
