User Guide

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portable computer, you may return the SOFTWARE and all ACCOMPANYING MATERIALS to the
place you obtained it for a full refund. This limited warranty does not apply if you have damaged
the SOFTWARE by accident or abuse.
CUSTOMER’S REMEDY.Your exclusive remedies, and the entire liability of Owner, shall be (i)
replacement of any original Storage Media with the SOFTWARE or (ii) full refund of the price paid
for this SOFTWARE. By opening the sealed software packaging, installing and/or otherwise using
the SOFTWARE or ACCOMPANYING MATERIALS, you hereby agree to waive any and all other
remedies you may have at law or in equity. Any such remedies you may not waive as a matter of
public policy, you hereby assign, or shall assign as they become available, over to Owner.
WARRANTY DISCLAIMERS.EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH
ABOVE, OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN,
CONCERNING THE PRODUCTS OR ANY COMPONENT PART THEREOF. ANY IMPLIED
WARRANTIES THAT MAY BE IMPOSED BY APPLICABLE LAW ARE LIMITED IN ALL
RESPECTS TO THE FULLEST EXTENT ALLOWED AND TO THE DURATION OF THE LIMITED
WARRANTY. OWNER DOES NOT REPRESENT, WARRANT OR GUARANTEE THE QUALITY
OR THE PERFORMANCE OF THE SOFTWARE OR ACCOMPANYING MATERIALS OTHER
THAN AS SET FORTH IN THE ABOVE LIMITED WARRANTY. OWNER ALSO DOES NOT
REPRESENT, WARRANT OR GUARANTEE THAT THE SOFTWARE OR ACCOMPANYING
MATERIALS’ CAPABILITIES WILL MEET YOUR NEEDS OR THAT THE SOFTWARE WILL
CONTINUOUSLY OPERATE, BE ERROR FREE, OR THAT PROBLEMS WILL BE CORRECTED.
OWNER DOES NOT REPRESENT THAT THE SOFTWARE WILL OPERATE IN A MULTI-USER
ENVIRONMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OWNER, ITS
DEALERS, DISTRIBUTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS OR AFFILIATES SHALL CREATE ANY OTHER WARRANTY OR EXTEND OR
EXPAND THE SCOPE OF THIS WARRANTY. YOU MAY NOT RELY ON ANY SUCH
INFORMATION OR ADVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS
LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE
OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.
LIABILITY LIMITATION.To the maximum extent permitted by applicable law, and regardless of
whether any remedy set forth herein fails of its essential purpose, IN NO EVENT WILL OWNER,
ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES NOR ANYONE ELSE
INVOLVED IN THE DEVELOPMENT, MANUFACTURE OR DISTRIBUTION OF THE SOFTWARE
OR THE ACCOMPANYING MATERIALS BE LIABLE FOR ANY DAMAGES WHATSOEVER,
INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT; INCIDENTAL; OR
CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY, PERSONAL PROPERTY, LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS
OF TEXT OR DATA STORED IN OR USED WITH THE SOFTWARE INCLUDING THE COST OF
RECOVERING OR REPRODUCING THE TEXT OR DATA, OR ANY OTHER PECUNIARY LOSS,
ARISING FROM OR OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE. THIS
LIABILITY LIMITATION APPLIES EVEN IF YOU OR ANYONE ELSE HAS ADVISED OWNER OR
ANY OF ITS AUTHORIZED REPRESENTATIVES OF THE POSSIBILITY OF SUCH DAMAGES.
EVEN IF SUCH IS CAUSED BY, ARISES OUT OF OR RESULTS FROM THE ORDINARY,
STRICT, SOLE OR CONTRIBUTORY NEGLIGENCE OF OWNER OR ITS DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR AFFILIATES. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
PRODUCT SUPPORT AND UPDATES.This SOFTWARE is intended to be user-friendly and
limited product support is provided by Owner as specified in the ACCOMPANYING MATERIALS.
JURISDICTION.TEXAS LAWS GOVERN THIS AGREEMENT, REGARDLESS OF EACH
STATE’S CHOICE OF LAW PRINCIPLES, WITH A FORUM AND VENUE OF DALLAS COUNTY,
TEXAS. This Agreement may be modified only by a written instrument specifying the modification
and executed by both parties. In the event that any provision of this Agreement shall be held to be
unenforceable, such provision shall be enforced to the greatest possible extent, with the other
provisions of this Agreement to remain in full force and effect.
ENTIRE AGREEMENT.This Agreement represents the entire agreement between the parties, and
supersedes any oral or written communications, proposals or prior agreements between the parties
or any dealers, distributors, agents or employees.
U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and the ACCOMPANYING
MATERIALS is provided with RESTRICTED RIGHTS (as found in 48 C.F.R. §52.227-7013). This
provision only applies if the U.S. Government or any of its entities obtains this SOFTWARE either
directly or indirectly. Owner created this SOFTWARE and the ACCOMPANYING MATERIALS
exclusively with private funds. Additionally, information contained in this SOFTWARE and the
ACCOMPANYING MATERIALS is a trade secret of Owner for all purposes of the Freedom of
Information Act or otherwise. Furthermore, this SOFTWARE is “commercial computer software”
subject to limited use as set forth in any contract that may be entered into between the seller and
the governmental entity. Owner owns, in all respects, the proprietary information and proprietary
data found in the SOFTWARE and the ACCOMPANYING MATERIALS.
U.S. DEPARTMENT OF DEFENSE PERSONNEL.Owner only sells this SOFTWARE and the
ACCOMPANYING MATERIALS with “Restricted Rights” as defined in DFARS 52.227-7013 (also
found at 48 C.F.R. §252.227-7013). Any U.S. Government use, duplication, or disclosure is subject
to the restrictions including, but not limited to those found in the Rights in Technological Data clause