Software License - Licensed Copies

Boxer Text Editor - Software License Agreement

Please read carefully the following terms and conditions. Installation and/or use of this product constitutes your acceptance of these terms and conditions, and your agreement to abide by them.

BY INSTALLING AND/OR USING THIS SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THE LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND THAT IT SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THE SOFTWARE AND DOCUMENTATION.

GRANT OF LICENSE:

BOXER SOFTWARE GRANTS YOU, THE ORIGINAL PURCHASER, A NON-EXCLUSIVE PERSONAL LICENSE TO USE THIS SOFTWARE UNDER THE TERMS STATED IN THIS AGREEMENT. YOU MAY USE THE SOFTWARE ON A SINGLE PERSONAL COMPUTER SYSTEM AND MAKE AS MANY COPIES AS NEEDED FOR BACKUP AND ARCHIVAL. YOU MAY ASSIGN YOUR RIGHTS UNDER THIS AGREEMENT TO A THIRD PARTY PROVIDED THE THIRD PARTY AGREES IN WRITING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND YOU TRANSFER ALL COPIES OF THE SOFTWARE TO THE THIRD PARTY, OR DESTROY ANY COPIES NOT TRANSFERRED. YOU MAY NOT COPY, MODIFY, ALTER, TRANSLATE, DISASSEMBLE, DECOMPILE, RENT, LEASE, OR ELECTRONICALLY TRANSFER THE SOFTWARE OR THE REFERENCE MANUAL. THE LICENSE IS EFFECTIVE UNTIL TERMINATED. YOU MAY TERMINATE IT AT ANY TIME BY DESTROYING THE SOFTWARE. IT WILL ALSO TERMINATE IF YOU FAIL TO COMPLY WITH ANY TERM OR CONDITION OF THIS AGREEMENT. YOU AGREE UPON SUCH TERMINATION TO DESTROY THE SOFTWARE.

LIMITED WARRANTY:

Boxer Software warrants that the Software, as updated and when properly used, will perform substantially in accordance with the accompanying documentation, and the Software media will be free from defects in materials and workmanship, for a period of ninety (90) days from the date of receipt. Any implied warranties on the Software are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

Boxer Software's and its suppliers' entire liability and your exclusive remedy shall be, at Boxer Software's option, either (a) return of the price paid, or (b) repair or replacement of the Software that does not meet Boxer Software's Limited Warranty and which is returned to Boxer Software with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither of these remedies are available without proof of purchase from an authorized non-U.S. source.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOXER SOFTWARE AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

LIMITATION OF LIABILITY:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOXER SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF BOXER SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, BOXER SOFTWARE'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $25.00. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

HIGH RISK ACTIVITIES:

The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Boxer Software and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

U.S. GOVERNMENT RESTRICTED RIGHTS:

The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Boxer Software, P.O. Box 14545, Scottsdale, AZ 85267-4545.

Unpublished-rights reserved under the copyright laws of the United States. Boxer Software, P.O. Box 14545, Scottsdale, AZ 85267-4545.

TRADEMARKS:

'Boxer' is a trademark of Boxer Software. Microsoft is a registered trademark of Microsoft Corporation. Other brand and product names are trademarks or registered trademarks of their respective holders.