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APRICORN SMART-ER
End User License Agreement
BY INSTALLING OR USING THE SMART-ER SOFTWARE (“SOFTWARE”) OF
APRICORN, INC. (“APRICORN”), YOU ARE CONSENTING TO BE BOUND
BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT
AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL
OR USE THE SOFTWARE.
LICENSE GRANT
. Subject to the terms of this Agreement, Apricorn
grants to you a nonexclusive, non-transferable license to use Apricorn’s
Software and accompanying documentation (“Documentation”), if any, in
the manner described below under “Scope of License Grant.” The term
of the license is thirty (0) days free of charge. Thereafter, you must
purchase a perpetual license to the registered version, or discontinue using
the Software by removing it completely from your computer. The license
shall remain in effect for such term unless terminated as set forth in the
Section entitled “Termination” below.
SCOPE OF LICENSE GRANT.
1. Installation and use.
(a) Install and use a copy of the Software on one personal
computer or other device (or on the number of computers/devices
for which you have purchased a license); and
(b) Install an additional copy of the Software on a second,
portable device for the exclusive use of the primary user of the first
copy of the Software provided the copy contains all of the original
Software’s proprietary notices and remains subject to this Agreement.
2. You may use the Software solely for your own internal business
purposes. You may not: modify, translate, reverse engineer, decompile,
disassemble (except and solely to the extent an applicable statute
expressly and specifically prohibits such restrictions), or create derivative
works based on the Software, or any portion thereof; copy the Software
other than as specified above; rent, lease, grant a security interest in,
or otherwise transfer rights to the Software; or remove any proprietary
notices or labels on the Software. All rights not expressly granted by
Apricorn under this Agreement are reserved by Apricorn. No support or
maintenance shall be provided.
NO WARRANTY.
The Software and Documentation are provided
“AS IS” “AS AVAILABLE” and without warranty of any kind. APRICORN
AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS,
EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT OF THIRD PARTIES’ RIGHTS. IF THE JURISDICTION
