User Guide
SYSTRAN 7 Application Packs User Guide 244
10. UPGRADES. To use Software identified as an upgrade, you must first be licensed for
the software identified by SYSTRAN as eligible for the upgrade. After installing the
upgrade, you may no longer use the original software that formed the basis for your
upgrade eligibility, except as part of the upgraded software.
11. NOT FOR RESALE SOFTWARE. Software identified as "Not for Resale" or "NFR,"
may not be sold or otherwise transferred for value, or used for any purpose other than
demonstration, test or evaluation.
12. SEPARATION OF COMPONENTS. The Software is licensed as a single product. Its
component parts may not be separated for use on more than one device.
13. SOFTWARE TRANSFER.
Internal. You may transfer your copy of the Software to a different device. After the
transfer, you must completely remove the Software from the former device.
Transfer to Third Party. If you are the person who initially licensed the Software, you may
make a one-time permanent transfer of this EULA, Software and Certificate of Authenticity
(if applicable) to another end-user, provided that you do not retain any copies of the
Software. This transfer must include all of the Software (including all component parts, the
media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of
Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to
the transfer, the end-user receiving the Software must agree to all the EULA terms.
14. LIMITED WARRANTY FOR SOFTWARE.
SYSTRAN warrants that the Software will perform substantially in accordance with the
accompanying materials for a period of ninety (90) days from the date of receipt.
If an implied warranty or condition is created by your state/jurisdiction and federal or
state/provincial law prohibits disclaimer of it, you also have an implied warranty or
condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS
LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER
THE NINETY DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY K IND.
Some states/jurisdictions do not allow limitations on how long an implied warranty or
condition lasts, so the above limitation may not apply to you.
Any supplements or updates to the Software, including without limitation, any (if any)
service packs or hotfixes provided to you after the expiration of the ninety day Limited
Warranty period are not covered by any warranty or condition, express, implied or
statutory.
LIM ITA TION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your
exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for
any refund elected by SYSTRAN, YOU ARE NOT ENTITLED TO ANY DAMAGES,
INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does
not meet SYSTRAN's Limited Warranty, and, to the maximum extent allowed by applicable
law, even if any remedy fails of its essential purpose. The terms of Section 16 ("Exclusion
of Incidental, Consequential and Certain Other Damages") are also incorporated into this
Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion may not apply to
you. This Limited Warranty gives you specific legal rights. You may have other rights which
vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. SYSTRAN's
and its suppliers' entire liability and your exclusive remedy for any breach of this Limited
Warranty or for any other breach of this EULA or for any other liability relating to the
Software shall be, at SYSTRAN's option from time to time exercised subject to applicable
law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of
the Software, that does not meet this Limited Warranty and that is returned to SYSTRAN
with a copy of your receipt. You will receive the remedy elected by SYSTRAN without
charge, except that you are responsible for any expenses you may incur (e.g. cost of