
The TWD Industries General Licence Agreement


This is a legal agreement between you, the end user, and TWD Industries LLC, a Delaware U.S.A. company.

1. GRANT OF LICENCE - This TWD Licence Agreement permits you to use one copy of the TWD Industries software product acquired with this Licence on any single computer, provided the software is in use on only one computer at any time. If you have multiple Licences for the software then at any time you may have as many copies of the software in use as you have Licences. The software is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g. hard disk, CD ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not "in use". If the anticipated number of users of the software will exceed the number of applicable Licences, then you must have a reasonable mechanism or process in place to assure that the number of persons using the software concurrently does not exceed the number of Licences.

2. COPYRIGHT - The software is owned by TWD Industries or its suppliers and is protected by United States copyright laws, international treaty provisions, and all other applicable national laws. Therefore, you must treat the software like any other copyrighted material (e.g. a book or musical recording) except that if the software is not copy protected you may either make one copy of the software solely for backup or archival purposes, or transfer the software to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the Product manual(s) or technical and commercial written materials accompanying the software.

3. OTHER RESTRICTIONS - You may not rent or lease the software, but you may transfer your rights under this TWD Industries Licence Agreement on a permanent basis provided that you transfer all copies of the software and all written materials, and the recipient agrees to the terms of this agreement. You may not reverse engineer, decompile or disassemble the software. Any transfer must include the most recent update and all prior versions.

LIMITED WARRANTY

LIMITED WARRANTY - TWD Industries warrants that the software will perform substantially in accordance with the accompanying Product Manual(s) for a period of 90 days from the date of receipt; and any TWD Industries supplied hardware accompanying the software will be free from defects in materials and workmanship under normal use and service for a period of one year from the date of receipt. Any implied warranties on the software and hardware are limited to 90 days and one (1) year, respectively.

CUSTOMER REMEDIES - TWD Industries's entire liability and your exclusive remedy shall be, at TWD Industries's option, either return of the price paid or repair or replacement of the software or hardware that does not meet TWD Industries's Limited Warranty and which is returned to TWD Industries with a copy of your receipt. This Limited Warranty is void if failure of the software or hardware has resulted from accident, abuse, or misapplication. Any replacement software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.

NO OTHER WARRANTIES - TWD INDUSTRIES DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE, THE ACCOMPANYING PRODUCT MANUAL(S) AND WRITTEN MATERIALS, AND ANY ACCOMPANYING HARDWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES - IN NO EVENT SHALL TWD INDUSTRIES OR ITS SUPPLIERS BE LIABLE FOR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOOS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS TWD INDUSTRIES PRODUCT, EVEN IF TWD INDUSTRIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, TWD INDUSTRIES ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.

This Agreement is governed by the laws of the State of Delaware, U.S.A.

Should you have any question concerning this Agreement, or if you desire to contact TWD Industries for any reason, please use the address information enclosed in this product to contact the dealer serving your country or write: TWD Industries Customer Sales and Service, 1313 North Market Street, Wilmington, Delaware 19801-1151.
