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End User License Agreement


END USER LICENSE AGREEMENT

CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT ("AGREEMENT"), FOR THE LICENSE OF SPECIFIED SOFTWARE ("SOFTWARE") PRODUCED BY DUALITY SOFTWARE. BY INSTALLING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AGREE TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU ("CUSTOMER") DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.

This SOFTWARE is owned by Duality Software and is protected by national copyright laws and international copyright treaties.

Duality Software may revise the AGREEMENT from time to time. You should consult the most current version of this document to ensure your activities conform to the most recent version.

If you acquired this SOFTWARE as an upgrade of a previous version, this AGREEMENT replaces and supersedes any prior AGREEMENTS. You may not continue to use any prior versions of the SOFTWARE.

GRANT OF LICENSE AND PROHIBITIONS. This SOFTWARE is licensed to you, not sold. You are not obtaining title to the SOFTWARE or any copyrights. You may not sublicense, sell, rent, lease, convey, emulate, clone, modify, translate, convert to another programming language, reverse engineer, decompile, or disassemble the SOFTWARE for any purpose.

USE AND EVALUATION PERIOD.

1. EVALUATION VERSION

- You may use an evaluation version of the SOFTWARE for evaluation purposes without charge for a period of thirty (30) days. If you use the SOFTWARE after the 30-day evaluation period, a license for the non-evaluation version must be purchased. Quantity discounts are available. When your payment is processed and approved you will be sent an activation code that will register your version of the SOFTWARE.

2. REGISTERED VERSION

a) HOME LICENSE. If the SOFTWARE is licensed under Home License as reflected in the terms specified in the applicable invoicing or packaging for the SOFTWARE you may use the SOFTWARE only for personal, non-commercial, and non-profit needs.
- One purchased Home License entitles you to install and use one (1) registered copy of the SOFTWARE on only one removable drive (USB flash drive, U3 smart drive, secure digital card, ZIP disk, floppy disk, or any disk that can be easily removed from the computer and therefore is considered to be portable or removable per Windows Operating System terminology.) A copy of the SOFTWARE is considered in use on a computer when it is loaded into the temporary memory (i.e., RAM), installed into the permanent memory (e.g., hard disk, CD-ROM, DVD-ROM, or other storage device) of that computer, or installed on the flash memory of a USB drive or removable drive.
- You may also use a copy of the SOFTWARE on a desktop or portable computer, provided only one (1) copy of the SOFTWARE is in use at a time.
- You may access the registered version of the SOFTWARE through a network, provided that you have obtained individual licenses for the SOFTWARE covering all workstations that will access the SOFTWARE through the network. For instance, if five different workstations will access the SOFTWARE on the network, each workstation must have its own registered license, regardless of whether they use the SOFTWARE at different times or concurrently.

b) BUSINESS LICENSE. If the SOFTWARE is licensed under Business License as reflected in the terms specified in the applicable invoicing or packaging for the SOFTWARE you may use the SOFTWARE for legal business, commercial, or government purposes and general use or/and in business environment.
- One purchased Business License entitles you to install and use one (1) registered copy of the SOFTWARE on only one removable drive (USB flash drive, U3 smart drive, secure digital card, ZIP disk, floppy disk, or any disk that can be easily removed from the computer and therefore is considered to be portable or removable per Windows Operating System terminology.) A copy of the SOFTWARE is considered in use on a computer when it is loaded into the temporary memory (i.e., RAM), installed into the permanent memory (e.g., hard disk, CD-ROM, DVD-ROM, or other storage device) of that computer, or installed on the flash memory of a USB drive or removable drive.
- You may also use a copy of the SOFTWARE on a desktop or portable computer, provided only one (1) copy of the SOFTWARE is in use at a time.
- You may access the registered version of the SOFTWARE through a network, provided that you have obtained individual licenses for the SOFTWARE covering all workstations that will access the SOFTWARE through the network. For instance, if five different workstations will access the SOFTWARE on the network, each workstation must have its own registered license, regardless of whether they use the SOFTWARE at different times or concurrently.

RESTRICTIONS. You may not distribute or otherwise transfer in whole or in part the Activation Code to another party.

DISTRIBUTION RIGHTS. Duality Software grants you a royalty-free license to copy and distribute the Time Limited Evaluation Version of the SOFTWARE and documentation in its unmodified form electronically or on physical media means, provided that you (a) verify that you are distributing the Time Limited Evaluation Version (select About from the main menu to check); (b) use best efforts to accurately reproduce the Time Limited Evaluation Version of the SOFTWARE; (c) indemnify Duality Software against any claims resulting from your failure to do so; and (d) comply with all other provisions of this AGREEMENT. You are specifically prohibited from (1) charging or requesting donations for any copies, or (2) distributing the SOFTWARE or documentation in conjunction with any other products (commercial or otherwise) for which a fee is charged without prior written permission from Duality Software.

PASSWORDS. You agree that you are the sole responsible party for the safe keeping of the password(s) that you have chosen in connection with this SOFTWARE, and you further agree that we have no obligation to recover either the password(s) you might have lost or forgotten, or the information protected by such passwords.

BACKUP OF DATA. We STRONGLY encourage you to make regular backups of your data.

LIMITED WARRANTY. THE SOFTWARE IS PROVIDED AS IS AND DUALITY SOFTWARE DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.

LIMITATION ON CONSEQUENTIAL DAMAGES. NEITHER DUALITY SOFTWARE NOR ANYONE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS), ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE OR DOCUMENTATION, EVEN IF DUALITY SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL DUALITY SOFTWARE' LIABILITY FOR ANY DAMAGES EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM.

COPYRIGHT NOTICE. Copyright © 2000 Duality Software. All Rights Reserved.

TRADEMARKS. Calendarscope, HandySync, xReminder, and Dualitysoft.com are trademarks of Duality Software. All other product names may be trademarks of their respective owners.

TERMINATION. Duality Software may terminate this EULA immediately and without notice if you fail to comply with any term of this EULA.

All rights not expressly granted here are reserved to Duality Software.