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Launch Applications Shrinkwrap License
ATTENTION: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
OPENING THIS PACKAGE. THE INDIVIDUAL OR ENTITY OPENING THIS
PACKAGE (THE "END USER") AGREES TO BE BOUND BY THE TERMS OF THIS
LICENSE. IF YOU OPEN THIS PACKAGE AND DO NOT AGREE TO THE TERMS
OF THIS LICENSE, DO NOT USE THE SOFTWARE AND PROMPTLY RETURN
THE PACKAGE UNOPENED, AND THE LICENSE PRICE WILL BE REFUNDED.
The enclosed computer program(s) and the accompanying documentation are provided to
the End-User by LaunchWorks ("Licensor") for use only under the following terms.
Licensor reserves any right not expressly granted to the End-user. The End-User owns the
disk on which the Software is recorded, but Licensor retains ownership of all copies of
the Software itself. The End-User assumes sole responsibility for the installation, use and
results obtained from use of the Software.
End-User is granted a limited, non-exclusive license to do only the following:
A. Install and maintain the Software on one computer at any time for use only in the EndUser's
B. Make one copy in machine-readable form solely for backup or archival purposes for
the computer which the Software is installed. The Software is protected by copyright law.
As an express condition of this License, the End-User must reproduce on the copy
Licensor's copyright notice and any other proprietary legends on the original copy
supplied by Licensor.
C. Transfer the Software and all rights under this License to another party together with a
copy of this License and all written materials accompanying the Software, provided (i)
the End-User gives Licensor written notice of the transfer (including in such notice the
identity of the transferee), and (ii) the other party reads and agrees to accept the terms and
conditions of this License.
The End-User may NOT sublicense, assign, or distribute copies of the Software to others.
The Software contains trade secrets. The End-User may NOT decompile, reverse
engineer, disassemble, or otherwise reduce the Software to a human readable form. THE
END-USER MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN,
RESELL FOR PROFIT, DISTRIBUTE, OR OTHERWISE ASSIGN OR TRANSFER
THE SOFTWARE, OR CREATE DERIVATIVE WORKS BASED UPON THE
SOFTWARE OR ANY PART THEREOF, EXCEPT AS EXPRESSLY PROVIDED IN
SECTION 1.C. ABOVE.
3. Protection and Security.
The End-User agrees to use its best efforts and to take all reasonable steps to safeguard
the Software to ensure that no unauthorized person shall have access thereto and that no
unauthorized copy, publication, disclosure or distribution in whole or in part, in any form,
shall be made. The End-User acknowledges that the Software contains valuable
confidential information and trade secrets and that unauthorized use and/or copying are
harmful to Licensor.
This License is effective until terminated. This License will terminate immediately
without notice from Licensor if the End User fails to comply with any of the provisions in
this agreement. Upon termination the End User must destroy the Software and all copies
thereof, and the End-User may terminate this License at any time by doing so.
5. Export Law Assurances.
The End-User agrees that the Software is to be used only in the United States and the
Software will not be transferred or exported, directly or indirectly, outside the U.S.A.
6. Limited Warranty.
Licensor warrants that, for one year from the date of initial use by the original End User,
the Software shall operate substantially in accordance with the published functional
specifications current at the time of shipment. If, during the warranty period, a defect
appears, Licensor's only obligation shall be, at Licensor's election, to update or replace
the defective Software. The End-User agrees that the foregoing constitutes the End-User's
sole and exclusive remedy for breach by Licensor under any warranties made under this
Agreement. This warranty does not cover any Software that has been altered or changed
in any way by anyone other than Licensor. Licensor is not responsible for problems
associated with or caused by incompatible operating systems or equipment, or for
problems in the interaction of the Software with software not furnished by Licensor.
No oral or written information or advice given by Licensor or its dealers, distributors,
employees or agents shall in any way extend, modify or add to the foregoing warranty.
THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN
LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. THE END-USER ASSUMES ALL RISK
AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE
SOFTWARE. IN NO EVENT WILL LICENSOR, OR ITS DIRECTORS, OFFICERS,
EMPLOYEES OR AFFILIATES, BE LIABLE TO THE END-USER FOR ANY
CONSEQUENTIAL INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION,
AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, EVEN IF LICENSOR
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LICENSOR'S LIABILITY TO THE END-USER (IF ANY) FOR ACTUAL DIRECT
DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE
FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL
EXCEED, THE AMOUNT ORIGINALLY PAID TO LICENSOR FOR THE LICENSE
OF THE SOFTWARE.
From time to time Licensor may, in its sole discretion, advise the End-User of updates,
upgrades, enhancements or improvements to the Software and/or new releases of the
Software (collectively, "Enhancements"), and may license the End-User to use such
Enhancements upon payment of prices as may be established by Licensor from time to
time. All such Enhancements to the Software provided to the End-User shall also be
governed by the terms of this License.
This License will be governed by and construed in accordance with the laws of the Texas,
and shall inure to the benefit of Licensor and End-User and their successors, assigns and
legal representatives. If any provision of this License is held by a court of competent
jurisdiction to be invalid or unenforceable to any extent under applicable law, that
provision will be enforced to the maximum extent permissible and the remaining
provisions of this License will remain in full force and effect. Any notices or other
communications to be sent to Licensor must be mailed first class, postage prepaid, to the
following address: LaunchWorks, 10004 Johns Road, Boerne TX 78006
This Agreement constitutes the entire agreement between the parties with respect to the
subject matter hereof, and all prior proposals, agreements, representations, statements and
undertakings are hereby expressly cancelled and superseded. This Agreement may not be
changed or amended except by a written instrument executed by a duly authorized officer
BY OPENING THIS PACKAGE, THE END-USER ACKNOWLEDGES THAT IT
HAS READ THIS LICENSE, UNDERSTANDS IT, AND AGREES TO BE BOUND
BY ITS TERMS AND CONDITIONS. Should you have any questions concerning this
License, contact Licensor at the address set forth above.