Returns, Refunds & Licensing Agreement |
Please Read the information below, which is a standard and usual policy
for the return of computer software. Thank you, Bonesware Inc.
LIMITED WARRANTY
Bonesware, Inc. warrants to the Original Licensee only, that the
Program shall be substantially free from defects in materials and
workmanship for ninety (90) days from the date of purchase.
If within 90 days of purchase the media proves to be defective in
workmanship, you may return the media to Bonesware,Inc. upon prior
arrangement with Bonesware, Inc.; for exchange or refund of the
original purchase price. The original sales receipt must accompany
any return of software products. Refund of the purchase price is
conditional, upon our inspection and satisfaction with an apparent
defect in the software product.
This software product is designed to run exclusively
on Windows 9X and higher versions. It cannot be used on Windows 3.0,
Macintosh, Unix, or any other operating system.
It also has the following copyrighted Microsoft Products as minimum
operating requirements:
Microsoft Word, Microsoft Excel, Microsoft Internet Explorer 5 +Web
Browser.
EXCLUSIVE REMEDY
The Original Licensee's exclusive remedy for the breach of this
License shall be, at Bonesware's option, either (a) the repair or
replacement of the Program that does not meet Bonesware's Limited
Warranty and which is returned to Bonesware with a copy of your
receipt; or (b) a refund of the price, which you paid for the Program
and associated materials. This Limited Warranty is void if the failure
of the Program has resulted from accident, abuse, misapplication or use
of the Program with incompatible hardware.
NO OTHER WARRANTIES
Bonesware, ITS AFFILIATES,
AND ITS SUPPLIERS, IF ANY, DISCLAIM ALL
WARRANTIES WITH RESPECT TO THE PROGRAM AND ACCOMPANYING
MATERIALS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF
THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. THIS
LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. DEPENDING
UPON WHERE YOU LIVE, YOU MAY HAVE OTHER RIGHTS WHICH VARY
FROM STATE/COUNTRY TO STATE/COUNTRY. BONESWARE WARRANTS ONLY THAT
THE PROGRAM WILL PERFORM AS DESCRIBED IN THE USER DOCUMENTATION.
NO OTHER ADVERTISING, DESCRIPTION OR REPRESENTATION, WHETHER MADE
BY A BONESWARE DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE, SHALL BE
BINDING UPON BONESWARE OR SHALL CHANGE THE TERMS OF THIS WARRANTY.
LIMITATIONS
ON DAMAGES
IN NO EVENT SHALL BONESWARE,INC., ITS AFFILIATES, OR ITS SUPPLIERS,
IF ANY, BE LIABLE FOR ANY CONSEQUENTIAL,INCIDENTAL DAMAGES, FINES
OR PENALTIES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY
TO USE THE PROGRAM OR PROGRAM PACKAGE, EVEN IF THEY HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THEY SHALL NOT BE
RESPONSIBLE OR LIABLE FOR LOST PROFITS OR REVENUES, OR FOR DAMAGES
OR COSTS INCURRED AS A RESULT OF LOSS OF TIME, DATA OR USE OF THE
SOFTWARE, PENALTIES, FINES, OR FROM ANY OTHER CAUSE. THEIR LIABILITY
SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THE
PROGRAM. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
U.S.
GOVERNMENT RESTRICTED RIGHTS.
The Program and documentation are provided with restricted rights.
Use, duplication or disclosure by the 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 at 48 CFR 52.227-19, as applicable. The software is
also covered by copyright in the name of Bonesware,Inc.2001. The
Contractor/Manufacturer is Bonesware,Inc., .
EXPORT
RESTRICTIONS
You may not export or reexport the Software or any underlying
information or technology except in full compliance with all United
States and other applicable laws and regulations.
MISCELLANEOUS
PROVISIONS
If this Program was acquired outside the United States, then local
law may apply. If you acquired this Software in Canada, you agree
to the following: The parties to this License have expressly required
that the License be drawn up in the English language/Les parties aux
presentes ont expressement exige que la presente convention soient
redigees en langue anglaise.
This License and your right to use the Program in any manner will
terminate automatically if you violate or fail to comply with any
part of this Agreement. Information in this Agreement is subject
to change without notice and does not represent a commitment on
the part of Bonesware,Inc..
General
Bonesware, Inc. retains all rights not expressly granted. Nothing
in this license constitutes a waiver of the rights of Bonesware,Inc.
under the U.S. Copyright Act or any other Federal or State
Law. You are responsible for installation, management and operations
of this product.
Copyright 2001. Bonesware, Inc. and its subsidiaries. All rights
reserved. SafeForge 46 is a trademark and Bonesware is a registered
trademark of Bonesware,Inc. All other product names are trademarks
of their respective holders.
BY INSTALLING OR USING THE SOFTWARE OR OTHER ELECTRONIC
CONTENT INCLUDED WITH THIS AGREEMENT, YOU ACCEPT THE
TERMS OF THIS LICENSE WITH BONESWARE, INC., AND ITS AFFILIATES.
IF YOU DO NOT AGREE TO THETERMS OF THIS AGREEMENT AND YOU ARE
ALSO THE ORIGINAL LICENSEE OF THIS PRODUCT ("ORIGINAL LICENSEE"),
CEASE USING THE PRODUCT IMMEDIATELY. THIS IS THE ENTIRE
AGREEMENT BETWEEN THE PARTIES RELATING TO THIS PRODUCT
AND SUPERSEDES ANY PURCHASE ORDER, COMMUNICATION,
ADVERTISING OR REPRESENTATION CONCERNING THE PRODUCT.
NO CHANGE OR MODIFICATION OF THIS LICENSE WILL BE VALID
UNLESS IT IS IN WRITING AND IS SIGNED BY BONESWARE,INC.
The CD-ROM disc within this package or the Internet Version,
is licensed (not sold) to "you" (any individual corporation,
mining operation, or other entity purchasing, owning, or using
the software and/or data, for use under the following conditions:
LIMITED USE LICENSE
Bonesware Inc. and its suppliers grant you the right to use one
copy of the accompanying product (the "Program") for your use only.
This license, and the restrictions in this agreement, cover both
the computer programs ("Software") and the other electronic
content ("Content") of the accompanying product. All rights
not expressly granted are reserved by Bonesware or its suppliers.
This License does not constitute a sale and does not authorize
a sale of the Program or anything created thereby. You must
treat the Program and associated materials and any elements
thereof like any other copyrighted material. This Agreement is
governed by the internal substantive laws of the State of Illinois
(and not by the 1980 United Nations Convention on Contracts for
the International Sale of Goods, as amended). In the event
you fail to comply with any of the terms or conditions of
this license, your rights to use the Program will end, you
shall stop using the Program, remove the Program from your
computer, and permanently erase all copies of the Program.
You may be held legally responsible for any copyright
infringement that is caused or encouraged by your failure
to abide by the terms of this license.
YOU MAY:
* You may install and use one copy of the software product on one
computer.
Network and Storage Use:
* If the software product includes functionality to act as a network
server, other workstations may access the information on that
server,
but may not alter files over that network without holding
a dedicated
license from Bonesware for each computer that uses the program.
* You may store or install a copy of the program on a computer and allow
other computers to use the software product over an internal
network,
however, you must acquire a license for each computer sharing
the
program. A license for the software product may not
be shared or used
concurrently on different computers.
YOU MAY NOT:
* Use the Program or permit use of the Program on more than one
computer, computer terminal or workstation at the same time.
* Make copies of the materials accompanying the Program or make copies
of the Program or any part thereof.
* Rent, lease, license or otherwise transfer this Program without the
express written consent of Bonesware,Inc.
* Reverse engineer, decompile, disassemble or create derivative works
of the Software. YOU MAY NOT
MODIFY, TRANSLATE, DISASSEMBLE OR
DECOMPILE THE SOFTWARE OR ANY COPY, IN WHOLE OR IN PART.
* Publicly perform or publicly display this Program.
* Use any of the content for any commercial purposes or any purpose
other than for incorporation into your company's safety network,
as outlined herein.