Phase MOSAIC User Agreement
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. BY OPENING THE PACKAGE OR
CLICKING ON THE "ACCEPT" BUTTON, OR USING THIS PROGRAM 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, CLICK THE "DO NOT ACCEPT" BUTTON, AND, IF APPLICABLE,
RETURN THIS PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND OR TERMINATE YOUR USE OF
THIS PROGRAM. Your license to use the Software will automatically terminate if you fail to
comply with the terms of the Agreement.
The package contains Phase MOSAIC ("Software"), related explanatory
materials ("Documentation") and dongle ("Hardware Key").
"Software" includes any upgrades, modified versions, updates, additions and
copies of the Software. "You" means the person or company who is being licensed
to use the Software, Hardware Key or Documentation. "We" and "us"
means FringeSoft. IMPORTANT: THE HARDWARE KEY IS WORTH THE FULL VALUE OF
THE PACKAGE. IF IS LOST OR STOLEN, IT WILL NOT BE REPLACED WITHOUT RECEIPT OF
THE FULL PURCHASE PRICE OF THE PACKAGE. WE RECOMMEND INSURING THE HARDWARE KEY FOR
THE FULL PURCHASE PRICE OF THE PACKAGE.
We hereby grant you a nonexclusive license to use one copy of the Software on any single
computer, provided the Software is in use on only one computer at any time. The Software
is "in use" on a computer when it is loaded into temporary memory (RAM) or
installed into the permanent memory of a computer--for example, a hard disk, CD-ROM or
other storage device.
We remain the owner of all right, title and interest in the Software, Hardware Key and
ARCHIVAL OR BACKUP COPIES
You may either:
- make one copy of the Software solely for backup or archival purposes, or
- transfer the Software to a single hard disk provided you keep the original solely for
backup or archival purposes.
THINGS YOU MAY NOT DO
The Software, Hardware Key and Documentation are protected by United States copyright laws
and international treaties. You must treat the Software, Hardware Key and Documentation
like any other copyrighted material--for example a book. You may not:
- modify or adapt the Documentation,
- copy the Software except to make archival or backup copies as provided above,
- modify or adapt the Software or merge it into another program,
- reverse engineer, disassemble, decompile or make any attempt to discover the source code
of the Software,
- Place the Software onto a server so that it is accessible via a pubic network such as
the Internet, or
- sublicense, rent, lease or lend any portion of the Software or Documentation.
You may transfer all your rights to use the Software, Hardware Key and Documentation
to another person or legal entity provided you transfer this Agreement, the Software,
Hardware Key and Documentation, including all copies, update and prior versions to such
person or entity and that you retain no copies, including copies stored on computer.
We warrant that for a period of 30 days after delivery of this copy of the Software to
- the physical media on which this copy of the Software is distributed will be free from
defects in materials and workmanship under normal use, and
- the Software will perform in substantial accordance with the Documentation.
To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF
ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL
IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE,
NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of
whether we know or had reason to know of your particular needs. No employee, agent, dealer
or distributor of ours is authorized to modify this limited warranty, nor to make any
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE
OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Our entire liability and your exclusive remedy shall be:
- the replacement of any diskette(s) or other media not meeting our Limited Warranty which
is returned to us or to an authorized Dealer or Distributor with a copy of your receipt,
- If we or an authorized Dealer or Distributor are unable to deliver a replacement
diskette(s) or other media that is free of defects in materials or workmanship, you may
terminate this Agreement by returning the Software, Hardware Key and Documentation and
your money will be refunded.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST
SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE
INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN
ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TERM AND TERMINATION
This license agreement takes effect upon your use of the software and remains effective
until terminated. You may terminate it at any time by destroying all copies of the
Software, Hardware Key and Documentation in your possession. It will also automatically
terminate if you fail to comply with any term or condition of this license agreement. You
agree on termination of this license to either return to us or destroy all copies of the
Software, Hardware Key and Documentation in your possession.
The Software contains trade secrets and proprietary know-how that belong to us and it is
being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE,
OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS
LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
1. This written license agreement is the exclusive agreement between you and us concerning
the Software, Hardware Key and Documentation and supersedes any and all prior oral or
written agreements, negotiations or other dealings between us concerning the Software.
2. This license agreement may be modified only by a writing signed by you and us.
3. In the event of litigation between you and us concerning the Software or Documentation,
the prevailing party in the litigation will be entitled to recover attorney fees and
expenses from the other party.
4. This license agreement is governed by the laws of the state of
5. You agree that the Software will not be shipped, transferred or exported into any
country or used in any manner prohibited by the United States Export Administration Act or
any other export laws, restrictions or regulations.