Metafile Companion License Agreement
End-User License Agreement
For the purposes of this agreement, “Software” refers to any and all executable files, help files and other documentation that accompany the Metafile Companion product. “Companion” means Companion Software.
By installing, copying or otherwise using the Software you are agreeing to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, Companion is unwilling to license the Software to you. In that case, you may not use or copy this software and you should contact Companion for instructions on return of the unused product for refund.
You are granted a non-exclusive license for one person to use the software on one computer at one time. Companion retains title to and ownership of the software. Duplication of this software for any purpose, other than making backup copies for your own use, is a violation of the copyright laws of the United States of America and of other countries. IN PARTICULAR, IT IS ILLEGAL TO GIVE A COPY OF THIS SOFTWARE TO ANOTHER PERSON.
The Software may be subject to United States Export control. You agree to fully comply with all applicable United States export regulations.
If you are purchasing the Software on behalf of the United States Government or any unit or agency thereof, you acknowledge that the Software and accompanying materials were developed at private expense and that no part is in the public domain and that the Software and documentation are provided with restricted rights. Use, duplication or disclosure by the government is subject to restrictions as set forth in Subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013, or Subparagraphs (c)(1) and (2) of the
Commercial Computer Software Restricted Rights at 48 C.F.R. 52.227-19, as applicable. Contractor/manufacturer is Companion Software, 71 Olander Drive, Northampton MA 01060.
LIMITED WARRANTY. Companion warrants that for a period of one (1) year from your date of purchase, (i) the Software as provided by Companion will substantially operate according to the accompanying documentation and (ii) the disks on which the Software is furnished are free from defects in materials and workmanship, under normal use.
CUSTOMER REMEDIES. Companion’s entire liability and your exclusive remedy shall be, at Companion’s option, either (a) return of the price paid, (b) replacement of the defective disks, or (c) repair or replacement of the Software, in each case conditional on the disks and accompanying documentation being returned to Companion with proof of purchase.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY COMPANION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANION DISCLAIMS ALL OTHER LIABILITIES, EXPRESS OR IMPLIED. IN PARTICULAR, COMPANION MAKES NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. If any modifications are made to the Software by you or any person other than Companion; if the disks are subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be terminated. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL COMPANION BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF COMPANION SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. COMPANION’S LIABILITY TO YOU FOR ACTUAL DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), WILL BE LIMITED TO THE AMOUNT COMPANION RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
This Agreement is governed by the laws of the Commonwealth of Massachusetts.
Product support for the Software is provided by Companion. You may contact Companion at:
71 Olander Drive
Northampton, MA 01060-3631