INDIEVOLUME LICENSE AGREEMENT
NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE
OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE")
CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO
THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS
SOFTWARE. USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE
BY USER WITH THE TERMS OF THIS AGREEMENT.
GERIXSOFT, LTD. grants you a license to use one copy of the version of this
SOFTWARE on any one hardware product for as many licenses as you purchase.
"You" means the company, entity or individual whose funds are used to pay the
license fee. "Use" means storing, loading, installing, executing or displaying the
SOFTWARE. You may not modify the SOFTWARE or disable any licensing or
control features of the SOFTWARE except as an intended part of the SOFTWARE's
programming features. When you first obtain a copy of the SOFTWARE, you are
granted an evaluation period of not more than 30 days, after which time you
must pay for the SOFTWARE according to the terms and prices discussed in the
SOFTWARE's documentation, or you must remove the SOFTWARE from your
computer. This license is not transferable to any other hardware product or
other company, entity, or individual.
The SOFTWARE is owned and copyrighted by GERIXSOFT, LTD. Your license
confers no title or ownership in the SOFTWARE and should not be construed as a
sale of any right in the SOFTWARE.
The SOFTWARE is protected by U.S. copyright law and international treaty
provisions. You acknowledge that no title to the intellectual property in the
SOFTWARE is transferred to you. You further acknowledge that title and full
ownership rights to the SOFTWARE will remain the exclusive property of
GERIXSOFT, LTD. and you will not acquire any rights to the SOFTWARE except as
expressly set forth in this license. You agree that any copies of the SOFTWARE
will contain the same proprietary notices which appear on and in the SOFTWARE.
You agree that you will not attempt to reverse compile, modify, translate, or
disassemble the SOFTWARE in whole or in part.
You may not use, copy, rent, lease, sell, modify, decompile, disassemble, there
wise reverse engineer, or transfer the SOFTWARE except as provided in this
agreement. Any such unauthorized use shall result in immediate and automatic
termination of this license.
In no case may this product be bundled with hardware or other non-shareware
software without written permission from GERIXSOFT, LTD.
All distribution of SOFTWARE is further restricted with regard to sources which
also distribute virus source code and related virus construction/creation
materials. The SOFTWARE may not be made available on any site, CD-ROM, or
with any package which makes available or contains viruses, virus source code,
virus construction programs, or virus creation material.
Permission to distribute the SOFTWARE is not transferable, assignable, saleable,
or franchisable. Each entity wishing to distribute the package must
independently satisfy the terms of the distribution license.
You agree that the SOFTWARE will not be shipped, transferred or exported into
any country or used in any manner prohibited by the United States Export
Administration Act or any other export laws, restrictions or regulations.
U.S. GOVERNMENT INFORMATION
Use, duplication, or disclosure by the U.S. Government of the computer software
and documentation in this package shall be subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software
clause at DFARS 252.277-7013 (Oct 1988) and FAR 52.227-19 (Jun 1987). The
Contractor is GERIXSOFT, LTD.
THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. GERIXSOFT, LTD. DISCLAIMS
ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER
GERIXSOFT, LTD. NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE
CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR
ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF
THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF GERIXSOFT, LTD. HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON
USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE
OF THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT LIABILITY IS BY LAW
INCAPABLE OF EXCLUSION OR RESTRICTION.
IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE FEE PAID TO
In the event of invalidity of any provision of this license, the parties agree that
such invalidity shall not affect the validity of the remaining portions of this
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL GERIXSOFT, LTD. OR ITS SUPPLIERS BE LIABLE TO YOU FOR
ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY
KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE,
EVEN IF GERIXSOFT, LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL GERIXSOFT, LTD.'S LIABILITY FOR ANY CLAIM,
WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED
THE LICENSE FEE PAID BY YOU, IF ANY.
This agreement shall be governed by the laws of U.S. excluding the
application of its conflicts of law rules and shall inure to the benefit of
GERIXSOFT, LTD. and any successors, administrators, heirs and assigns. Any
action or proceeding brought by either party against the other arising out of or
related to this agreement shall be brought only in a STATE or FEDERAL COURT of
competent jurisdiction located in LAS VEGAS, NEVADA. The parties hereby
consent to in personam jurisdiction of said courts. This agreement will not be
governed by the United Nations Convention on Contracts for the International
Sale of Goods, the application of which is expressly excluded.
INSPECTION AND TESTING
You agree and acknowledge that you will thoroughly inspect and test the
SOFTWARE for all of your purposes upon commencement of your use. Any suit
or other legal action, claim or any arbitration relating in any way to this
agreement or software covered by it must be officially filed or officially
commenced no later than one month (30 days) after your first use of the
This is the entire agreement between you and GERIXSOFT, LTD. which
supersedes any prior agreement or understanding, whether written or oral,
relating to the subject matter of this license.
All rights not expressly granted here are reserved to GERIXSOFT, LTD.