LICENSE AGREEMENT & TERMS
for Software, Software Utilities and Firmware
Read Carefully Before Downloading, Using The Cd-Rom Or Using Corby Software, Utilities, Firmware Or Documentation.
The Use Of Any Corby Software, Firmware Or Utilities ("Software") And Any Documentation Or Instruction Manuals ("Documentation") Is Subject To All Of These Corby Software License Terms. By Downloading, Installing And/Or Using These Items Or Products, You Are Agreeing To Be Bound By These Terms. If You Do Not Agree To All Of These Terms, Do Not Download, Obtain, Use Or Install These Products, Items Or Services. Corby Reserves The Right To Record And Maintain Records Of All Download Or Usage Activities.
The Software and Firmware is licensed and not sold. Corby Industries, Inc. ("Corby") grants to you a personal, nonexclusive license to use the Software only on a computer that is directly or indirectly coupled to, and only for operation in conjunction with, a Corby product and Corby firmware. "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. You are obtaining no rights in the Software except those given in this limited license.
The Software, together with all intellectual property rights embodied therein, is owned by Corby and/or its third party suppliers and the Software is protected by United States copyright laws and international treaties. Your license confers no title or ownership in the Software. Corby's third party suppliers may protect their rights in the event of any violation of this License.
You may make unlimited copies of the Software for backup or archival purposes, or when copying is an essential step in the authorized Use of the Software. You must reproduce all copyright notices in the original Software on all copies. You may not copy the Software onto any bulletin board, forum, website or similar system, nor can you copy the user documentation provided with the Software except for your own authorized use.
4. Restrictions on Use
The Software contains copyrighted material, trade secrets, and other proprietary material of Corby and its suppliers. You are not permitted to (i) modify, adapt, translate, decompile, disassemble or otherwise reverse engineer the Software or reduce the Software to human-readable form by any means whatsoever; (ii) remove any identification, copyright or other notices from the Software; (iii) create a derivative work of any part of the Software; or (iv) rent, lease, loan or distribute the Software in whole or in part. If European Community law is applicable, the restrictions in Section 4(i) are limited so that they prohibit such activity only to the maximum extent such activity may be prohibited without violating the EC Directive on the Legal Protection of Computer Programs. Notwithstanding the foregoing, prior to any such legally excused decompiling, disassembly or reverse engineering of the Software, you must first issue a written request to Corby for information or assistance and you shall refrain from decompiling, disassembly, or otherwise reverse engineering any of the Software unless Corby cannot, or fails, to comply with such request within a commercially reasonable period of time.
Your license will automatically terminate upon any transfer of the Software. Upon transfer, you must cease all use and deliver the Software, including any copies and related documentation, to the transferee. The transferee must accept and be bound by this License as a condition of the transfer.
6. Third Party Software
The download of the Software may also include third software products ("Third Party Software") which require that you enter into a separate license agreement with the publisher of such software in conjunction with your original installation. You understand that your use of the Third Party Software is governed by the terms of that end user license agreement and not by this License, and you agree to abide by that third party license agreement.
Corby may terminate your license upon notice of failure to comply with any of the terms of this License. Upon termination, you must immediately destroy the Software, together with all copies thereof. The disclaimers in Sections 8 and 9 and the provisions of Sections 6, 10, 11 and 12 shall survive any termination.
8. Disclaimer of Warranty
Corby is licensing the Software & Documentation to you "as is" and without any warranty of any kind. You accept all risks which may arise from downloading, obtaining or using the Software, Documentation and/or Firmware, including, without limitation, errors in transmission or corruption of existing data or software. Neither Corby nor its suppliers warrant that the Software, Firmware or documentation will meet your requirements or that the operation of the Software or Firmware will be uninterrupted or that the Software, Firmware or documentation will be error-free. CORBY AND ITS SUPPLIERS HEREBY DISCLAIM WITH REGARD TO THE SOFTWARE, FIRMWARE AND DOCUMENTATION ALL WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. BEFORE USING, THE USER, DEALER, INSTALLER AND/OR END USER SHALL DETERMINE THE MERCHANTABILITY AND FITNESS OF THE SOFTWARE, FIRMWARE OR DOCUMENTATION AND ASSUMES ALL RISK.
9. Limitation of Liability
CORBY OR ITS SUBSIDIARIES, AFFILIATES OR SUPPLIERS, WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS OR DOWNTIME COSTS) ARISING OUT OF THE USE OF, INABILITY TO USE, OR THE RESULTS OF USE OF, THE SOFTWARE, FIRMWARE OR DOCUMENTATION, WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF CORBY OR ITS SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC CORBY PRODUCT TO WHICH THE LIABILITY IS RELATED.
10. Export Restrictions
You agree and certify that neither the Software, Firmware nor any technical data received from Corby, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by you outside the United States, you agree that you will not re-export the Software nor any other technical data received from Corby, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software.
11. Government Restricted Rights
The Software is provided with RESTRICTED RIGHTS. The Software and firmware is a commercial software product, licensed on the open market, and was developed entirely at private expense and without government funds. Any use, modification, reproduction, release, performance, display, or disclosure of the Software by any government entity shall be governed solely by the terms of this License and shall be prohibited except to the extent expressly provided under this License. No license to the Software is granted to any government entity requiring different terms. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights clause at 48 CFR 52.227-19, as applicable. Manufacturer is Corby Industries, Inc. P.O. Box 20850, Lehigh Valley, PA 18002.
This License will be governed by the laws of the State of Pennsylvania as applied to agreements entered into and to be performed entirely within Pennsylvania between Pennsylvania residents, without regard to principles of conflicts of laws. Application of the United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. This License may only be modified by a written document which has been signed by both you and an officer of Corby. Should any provisions of this License be declared invalid by any court of competent jurisdiction, the balance of the License will remain in full force and effect. This is the entire agreement between you and Corby, and supersedes any prior agreement, whether written or oral, relating to the subject matter of this License.