License agreement

License Agreement

PLEASE READ THIS LICENSE AGREEMENT BEFORE INSTALLING OR USING THE COMPUTER SOFTWARE PROGRAM. If you do not agree with the terms, you must return the package immediately without using or installing.

High 5 Software provides the computer software program(s) and User Manual(s) contained in the package and any modifications, updates, revisions or enhancements received by you from CosmicStep Software Inc. dba High 5 Software, and licenses its use within the terms stated below:

1. You are granted a nontransferable license to use the Program under the terms stated in this Agreement for personal use in your business or profession. Title and ownership of the Program and the copyright in the Program remains in High 5 Software.
2. You may use the Program at a single location on a single computer of which you own or use, and for which the Program is designed to operate. Unless you have licensed a network version of the Program, you may not use the Program in a network or a multiple user arrangement. If you have licensed a network version of the Program, you have the right to use the network version only on a local area network established by you at a single location. Even if you have licensed a network version of the Program, you may not make copies of any documentation or reference manuals provided to you with the Program, but must purchase these directly from High 5 Software.
3. You may not make copies, translations or modifications of or to the Program, except you may copy the Program into machine-readable or printed form for backup purposes in support of your use of the program. You must reproduce the copyright notice on any copy of the Program or portion of the Program merged into another program. All copies of the Program and any portion of the Program merged into or used in conjunction with another program will continue to be the property of High 5 Software and subject to the terms and conditions of this Agreement;
4. You may not assign, sell, distribute, lease, rent, sublicense, or transfer the Program or this license or disclose the program to any other person. You may not reverse-engineer, disassemble or decompile the Program or otherwise attempt to discover the source code or structural framework of the program or any copy, in whole or in part; and
5. This license terminates if you fail to comply with any provision of this Agreement. You agree upon termination to destroy the Program, together with all copy modifications and merged portions in and form, including any copy in your computer memory or on a hard disk.

LIMITED WARRANTY and 30 DAY LIMITED MONEY BACK GUARANTEE: High 5 Software warrants that the Program substantially conforms to the specifications contained in High 5 Software’s packaging and promotional materials for a period of thirty (30) days from purchasing and shipping as evidenced by shipping receipts, provided that the Program is used on the computer operating system for which it was designed. High 5 Software further warrants that the media which the Program is furnished will be free from defects in material or workmanship for a period of thirty (30) days from shipping High 5 Software sole obligation and any liability for breach of the foregoing warranties shall be to replace or correct the Program so that it substantially conforms to the Specifications or to replace the defective media, within a thirty (30) day timeframe as evidenced by shipping receipts, as the case may be. Any modifications of the Program by anyone other that High 5 Software. voids the foregoing warranty.

NO OTHER WARRANTIES ARE EXPRESSED AND NONE SHALL BE IMPLIED. HIGH 5 SOFTWARE SPECIFICALLY EXCLUDES ANY IMPLIED WARRANTIES AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES SO THE FOREGONG MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY: In no event shall High 5 Software’s liability to you for damages hereunder for any cause whatsoever exceed the amount of the license fee paid by you for use of the Program. In no event will High 5 Software be liable for any lost profits or other incidental or consequential damages arising out of the use or inability to use the program even if High 5 Software has been advised of the possibility of such damages.

© 2005 CosmicStep Software, Inc. and High 5 Software. All rights reserved.