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Farmworks by SDL Software License Agreement.

LICENSED SOFTWARE AND DOCUMENTATION LICENSE

  1. SHEARWELL DATA LTD hereby grants Licensee a non-exclusive, non-transferrable and perpetual license to use the enclosed computer software (the “Licensed Software”) and the associated printed documentation (the “Documentation”), subject to the limitations set forth in this Agreement (the “License”). All right, title and interest to the Licensed Software and the Documentation are, and shall remain, in SHEARWELL DATA LTD or SHEARWELL DATA LTD’s licensors, as the case may be. Licensee has no right of access to the source code of the Licensed Software. Licensee is not entitled to updates or upgrades of the Licensed Software or Documentation.
  2. Licensee may not alter, assign, create derivative works, decompile, disassemble, distribute, lease, modify, reverse engineer, sublicense, transfer or translate in any way the Licensed Software or Documentation.
  3. Licensee MAY NOT COPY the Licensed Software or Documentation; provided, however, that Licensee may make one (1) copy of the Licensed Software for archival/backup purposes.
  4. If either the Licensed Software or Documentation is used in any way not expressly and specifically permitted by this License, then the License shall immediately terminate. Upon the termination of the License, Licensee shall thereafter make no further use of the Licensed Software or Documentation, and Licensee shall return to SHEARWELL DATA LTD all licensed materials, postage prepaid.

WARRANTIES

  1. LIMITED WARRANTY ON DISTRIBUTION MEDIA. For a period of thirty (30) days following the date of delivery of the Licensed Software and Documentation to Licensee as the original licensee, if evidenced by Licensee’s receipt as such, (the “Warranty Period”) SHEARWELL DATA LTD warrants the DISTRIBUTION MEDIA (the “Media”), such as diskettes or CDs, on which the Licensed Software is embodied to be free from defects in materials and workmanship under normal use. The warranty is personal to Licensee, and no warranty is made to Licensee’s transferees. Any implied warranties of merchantability or fitness for a particular purpose for the media are limited in duration to the Warranty Period, after which time all warranties, of whatever nature, are specifically disclaimed.
  2. NO WARRANTY ON LICENSED SOFTWARE OR DOCUMENTATION. SHEARWELL DATA LTD licenses the Licensed Software and Documentation solely on an “AS IS” basis without warranties of any kind, such as warranties of merchantability or fitness for any particular purpose. The entire risk of quality and performance is with Licensee. The Software and Documentation are not represented to be error-free. If either the Licensed Software, Documentation or both prove to be defective, Licensee assumes the entire cost of all servicing, correction or repair.
  3. The foregoing warranty gives Licensee specific legal rights, and Licensee may also have other rights which vary from country to country.

Some countries do not allow the limitation or exclusion of implied warranties, so the above limitations may not apply to Licensee