By using this software you accept the following terms of this License Agreement. If you do not agree with these terms, you should not use the software and promptly return it for a refund.
GoldMine Software Corporation, formerly ELAN Software Corporation, retains the ownership of this copy of the enclosed software package. It is licensed to you for use under the following conditions:
Grant of License
You may only concurrently use the enclosed software on the number of computers for which this license grants (for example, single-user version licenses one concurrent usage; five-user network version licenses five concurrent usages). If the number of users of the software exceeds the licenses, you must have a reasonable process in place to assure that the number of persons concurrently using the software does not exceed the number of licenses.
Network versions of the software may be combined to build larger networks (for example, two five-user versions may be combined to form a ten-user network). You may add a single-user version to an existing network configuration to increase the number of network licenses (for example, you may add a single-user version to a five-user network version to build a six-user network).
You may transfer this software to another party if the other party agrees to the terms and conditions of the agreement and completes and returns a registration card to GoldMine Software Corporation. The registration card is available by writing to GoldMine Software Corporation. If you transfer the software, you must simultaneously transfer all documentation and related disks.
You may not copy the documentation or software except as described in the installation section of this manual. You may not distribute, rent, sub-license or lease the software or documentation, including translating, decompiling, disassembling, or creating derivative works. You may not reverse-engineer any part of this software, or produce any derivative work. You may not make telecommunication transmittal of this software.
This license and your right to use this software automatically terminates if you fail to comply with any provision of this license agreement.
GoldMine Software Corporation retains all rights not expressly granted. Nothing in this license agreement constitutes a waiver of GoldMine Software Corporation's rights under the U.S. copyright laws or any other Federal or State law.
If you discover physical defects in the media, GoldMine Software Corporation will replace the media or documentation at no charge to you, provided you return the item to be replaced with proof of payment to GoldMine Software Corporation during the 90-day period after having taken delivery of the software.
GoldMine Software Corporation excludes any and all implied warranties, including warranties of merchantability and fitness for a particular purpose and limits your remedy to return the software and documentation to GoldMine Software Corporation for replacement. Although GoldMine Software Corporation has tested the software and reviewed the documentation, GOLDMINE SOFTWARE CORPORATION MAKES NO WARRANTY OF REPRESENTATION, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THIS SOFTWARE OR DOCUMENTATION, ITS QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THIS SOFTWARE AND DOCUMENTATION ARE LICENSED "AS IS" AND YOU, THE LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE. IN NO EVENT WILL GOLDMINE SOFTWARE CORPORATION BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, even if advised of the possibility of such damages. In particular, GoldMine Software Corporation shall have no liability for any data stored or processed with this software, including the costs of recovering such data.
THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR IMPLIED. No GoldMine Software Corporation dealer, agent, or employee is authorized to make any modifications or additions to this warranty.
Information in this document is subject to change without notice and does not represent a commitment on the part of GoldMine Software Corporation. The software described in this document is furnished under this license agreement. The software may be used or copied only in accordance with the terms of the agreement. It is against the law to copy the software on any medium except as specifically allowed in the license agreement. No part of this manual may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, for any purpose without the written permission of GoldMine Software Corporation.
Some states do not allow the exclusion of implied warranties or liability for incidental or consequential damages, so the above limitation or 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.