OCTAVO EDITIONS END USER LICENSE AGREEMENT
PLEASE READ THIS LICENSE CAREFULLY. BY USING THIS OCTAVO EDITION, YOU ARE AGREEING TO BE BOUND BY ALL TERMS OF THIS LICENSE.
1. GRANT OF LICENSE.
(a) Single Computers. Octavo grants you a non-transferable license for this Octavo Edition, including any text, graphics, images, or photographs contained therein (the "Edition"), and any associated software (together, the "Product"), subject to the terms of this agreement. You may use the Product to display the Edition on a single computer at a time and to produce hard copy versions of all or any portion of the Edition for your personal use, provided that: (i) the Product is installed on only one personal computer; (ii) the Product is not modified; (iii) all copyright notices are maintained on the Product; and (iv) you agree to be bound by the terms of this License Agreement.
(b) Computer Local Area Network Use. You may (i) install the Product on not more than five (5) computers on your local area network, (ii) make the Product available over your local area network either by a CD-ROM drive connected to a network server or by installing the entire Product on the hard disk of your network server, provided that (iii) you have a mechanism in place to restrict the number of concurrent users of the Product (i.e., the total number of users accessing the Product over the network at any one time) to five (5) users. Such users may produce hard copy versions of all or any portion of the Edition for such users' personal use.
The Product includes a photographic reproduction of an archival work, original Oc-tavo content, and software that permits you to access and output the Edition, all of which are owned by Octavo or its suppliers, and are protected by United States copyright laws and international treaty provisions.
3. OTHER RESTRICTIONS.
You may transfer the Product to another computer provided that you delete the setup files from your computer, and the original delivery medium containing the Product, all copyright notices, and a copy of this Agreement are transferred to that computer. You may not reverse engineer, decompile, or disassemble any software contained in the Product. Except as provided for in this Agreement, you may not copy, modify, network, rent, lease, or otherwise distribute the Product; nor can you sell copies of all or any portion of the Edition; nor can you make the Product or the Edition available by "bulletin boards," online services, remote dial-in, or network or telecommunications links of any kind; nor can you create derivative works based upon the Product or the Edition in whole or in part.
4. LIMITED WARRANTY.
OCTAVO WARRANTS THAT THE PRODUCT MEDIA WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE AND SERVICE FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF PURCHASE (THE "WARRANTY PERIOD"). OCTAVOfS ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE REPLACEMENT OF ANY DEFECTIVE MEDIA THAT IS RETURNED TO OCTAVO DURING THE WARRANTY PERIOD ALONG WITH A COPY OF YOUR RECEIPT. EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE PRODUCT IS PROVIDED GAS "AS-IS" TO THE MAXIMUM EXTENT PERMITTED BY LAW, OCTAVO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SOME STATE JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OCTAVO BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, EVEN IF OCTAVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. GOVERNING LAW AND GENERAL PROVISIONS.
This license agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. you agree that the Product 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. This License Agreement is effective until terminated. You may terminate this license agreement at any time by destroying or returning to Octavo all copies of the Product in your possession or under your control. Octavo may terminate this License Agreement at any time if it finds that you have violated any of the terms of this License Agreement. This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.