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Typical Prairie Group License and Limited Warranty
As with most software companies, Prairie Group prides itself in providing great products that we fully support. Our reputation and our desire to maintain that reputation may be our best warranty. We generally offer a 30-day money back guarantee on single products purchased directly from us. (Actual license and limited warranty may vary slightly or as appropriate for the product. Future licenses and limited warranties may change without notice.)
PRAIRIE GROUP LICENSE AND LIMITED WARRANTY AGREEMENT
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THIS PACKAGE. BY USING THIS PACKAGE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE AND PROMPTLY RETURN THIS PACKAGE TO THE PLACE OF PURCHASE FOR A FULL REFUND.
The following definitions apply to the terms as they appear in this agreement:
* You and Your refer to any person or entity that acquires or uses this Package.
* Package means the Software, manual(s), and other items accompanying this agreement.
* Software means the computer program contained in this Package, together with all codes, techniques, software tools, formats, designs, concepts, methods, and ideas associated with that computer program. It also means any copies of the program, codes, etc., made to any other disk, hard disk or other media.
Prairie Group, Inc. (PRAIRIE GROUP) grants you a non-exclusive license to use the Software in this Package according to the terms set forth below. You may:
* Operate the Software, or any part of the Software, on only one computer at a time.
* Make backup copies of the Software solely for archival purposes, which automatically become the property of Prairie Group and are subject to this agreement.
* Copy the Software to a single hard disk drive or other permanent storage device for your own use and keep the original diskette as a backup copy.
* After written notification to Prairie Group, transfer all (but no lesser portion) of the Software and related manuals to another person or entity, who in turn will be subject to this agreement.
You may not:
* Modify, reverse-engineer, disassemble, decompile or reduce the Software to a human perceivable form or translate, sub-license, resell for profit, lend, rent, or lease any portion of the Software or distribute it electronically over a network.
* Make copies of the copyrighted manuals.
* Merge it with another program or create derivative works based on the Software.
* Remove, obscure, or alter any notice of the Prairie Group copyright or other proprietary legends on the Software.
* Transfer the Software or any direct product to any person or entity in violation of the United States Export Administration Act.
The Software involves valuable proprietary rights of Prairie Group and others. Prairie Group retains title to and ownership of the Software and all copyright, trade secret, trade name, trademark, and other property rights related to the Software, regardless of the form in which the original or other copies exist. You may not violate these rights, and you must take appropriate steps to protect Prairie Group's rights. You are responsible for all taxes other than those based on the net income of Prairie Group. Prairie Group may at any time replace, modify, alter, improve, enhance, or change the Software.
U.S.A. GOVERNMENT END USERS
The Software qualifies as commercial computer software for purposes of FAR 52.227-19 and DFARS 52.227.7013. Accordingly, if the Software is acquired by a civilian government agency, it is furnished with only the minimum Restricted Rights provided by FAR 52.227-19. If the Software is acquired by a military agency, it is furnished with only the minimum Restricted Rights provided by DFARS 52.227-7013(c)(1)(ii).
Both the license and your right to use the Software terminate automatically if you violate any part of this agreement. In the event of termination, you must immediately destroy all copies of the Software or return them to Prairie Group.
Prairie Group warrants that, upon delivery by Prairie Group, the disks on which the Software is distributed will be free from defects in materials and workmanship and that the Software will substantially conform to the specifications established by Prairie Group. Prairie Group does not warrant that the Software is free from all bugs, errors, and omissions. If any of the Software fails to comply with this limited warranty, Prairie Group will replace the disk or, at Prairie Group's option, make a reasonable effort to correct the program errors. You must, however, return your original disk(s), along with a copy of your paid invoice, to Prairie Group or its authorized representative within 90 days of the date you received the Software. If Prairie Group is unable to correct defective disks or program errors, Prairie Group will refund all or a fair portion of the price you paid for this Package. The refund will fully satisfy your claims for Software or disk failure. This limited warranty shall continue for any replacement Software for the rest of the original 90-day warranty period or for 30 days from the date you receive the replacement, whichever is longer. Prairie Group's liability to you for actual damages for any cause whatsoever, and regardless of the form of the action, will be limited to the greater of $100 or the money paid for the Software that caused the damages.
EXCEPT AS SPECIFICALLY SET FORTH ABOVE, PRAIRIE GROUP DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
EXCEPT AS SPECIFICALLY SET FORTH ABOVE, PRAIRIE GROUP AND ITS DISTRIBUTORS AND DEALERS WILL IN NO EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, EITHER DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS PROFITS, INCOME OR USE OF DATA. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, THE LIMITATIONS SET FORTH IN THIS AGREEMENT MAY NOT APPLY TO YOU.
This agreement constitutes the entire agreement and supersedes any prior agreement between Prairie Group and you concerning the contents of this Package. Prairie Group is not bound by any provision of any purchase order, or other document, unless Prairie Group specifically amends this agreement. This agreement cannot be amended, modified, or waived, unless the change is written and signed by an authorized corporate officer of Prairie Group.