Sequoia Visions, Inc. grants you the right to use the software on the licensed computer for a period of one year. After the one year lease has expired, your use will be transferred to a monthly account for $79.00 per month charged to your credit card unless you notify us at the time of transfer. Neither the one year lease nor the monthly paid amount is refundable (See Disclaimer of Warranty). If you have paid for a network license, this right is extended to all computers that are connected to the licensed computer by a local area network, subject to the number of concurrent users not exceeding the maximum number appropriate to the license fee that you have paid.
You may copy the software as required for backup and archival purposes.
You may not copy, modify, or transfer the software, or any copy, modification, or merged portion, in whole or in part, except as expressly permitted by this agreement. Any portion of the software merged into another program continues to be subject to the terms and conditions of this agreement.
You may not reverse engineer, decompile, or disassemble the software, except and only to the extent that such activity is expressly permitted by applicable law.
You must not assign or grant sub-licenses of any of your rights under this agreement or provide the software to third parties or permit any third parties to use or modify the software.
You acknowledge that all right, title and interest in the software, including the rights to modify the software and to incorporate it in other programs, remain with Sequoia Visions, Inc.
Disclaimer of Warranty
To the extent permitted by law, the software is provided “as is” without warranty of any kind. Sequoia Visions, Inc. further disclaims all implied warranties to the extent permitted by law including, without limitation, any implied warranties of merchantability or of fitness for a particular purpose. In the event that any conditions or warranties are implied into this agreement by operation of statute or otherwise, the liability of Sequoia Visions, Inc. for any beach of such conditions or warranties is limited to, at Sequoia Visions, Inc.’s sole discretion, in the case of goods: the replacement of the goods, supply of equivalent goods or the repair of the goods, and in the case of services resupply of the services again. No refund is offered under this or any other explicit or implied warranty. The maximum aggregate liability of Sequoia Visions, Inc. for all claims under or relating to this agreement or its subject matter whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis, is limited to an amount equal to the license fees paid by you to Sequoia Visions, Inc. for use of the software. In no event shall Sequoia Visions, Inc. or anyone involved in the creation or documentation of the software be liable for any special, indirect, consequential, incidental or punitive damages whatsoever (including, without limitation, damages for economic loss, loss of business profits, revenue, goodwill, bargain, anticipated savings, interruption of business activity, loss of or corruption of business information or data, or other monetary loss) arising out of the use or inability to use the software or documentation, whether in an action in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage. You agree not to obtain or use the software in any state or country that does not allow the exclusion or limitation of liability for consequential or incidental damages.
NO OTHER WRITTEN OR ORAL AGREEMENT, IMPLIED OR EXPLICIT WARRANTY/GUARANTY EXISTS