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LICENSE GRANT: Denver Computer Systems ("DENVER") grants
you a license to use this SOFTWARE, after purchasing it through authorized
channel, on any hardware product during any period of time. "You" means the
company, entity or individual. "Use" means storing, loading, installing,
executing or displaying the SOFTWARE.
You are not allowed to distribute this software to anybody. Permission to
distribute the SOFTWARE is not transferable, assignable, saleable, or
franchisable. Each entity wishing to distribute the package must independently
satisfy the terms of the distribution license.
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OWNERSHIP: The SOFTWARE is owned and copyrighted by
DENVER. Your license confers no title or ownership in the SOFTWARE and should
not be construed as a sale of any right in the SOFTWARE.
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COPYRIGHT: The SOFTWARE is protected by Indian copyright
law and international treaty provisions. You acknowledge that no title to the
intellectual property in the SOFTWARE is transferred to you. You further
acknowledge that title and full ownership rights to the SOFTWARE will remain the
exclusive property of DENVER and you will not acquire any rights to the SOFTWARE
except as expressly set forth in this license. You agree that any copies of the
SOFTWARE will contain the same proprietary notices which appear on and in the
SOFTWARE.
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REVERSE ENGINEERING: You agree that you will not attempt
to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or
in part.
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UNAUTHORIZED USE: You may not use, copy, rent, lease,
sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer
the SOFTWARE except as provided in this agreement. Any such unauthorized use
shall result in immediate and automatic termination of this license.
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NO OTHER WARRANTIES: DENVER DOES NOT WARRANT THAT THE
SOFTWARE IS ERROR FREE. DENVER DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO
THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
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LIMITED WARRANTY: THIS SOFTWARE IS PROVIDED ON AN "AS IS"
BASIS. DENVER DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER
EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER DENVER NOR ANYONE
ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS
SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES
ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF DENVER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE
SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
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SERVICE/SUPPORT: No service and/or support will be
provided of any kind, unless support-package is purchased separately.
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PRODUCT ACTIVATION: To prevent piracy of the software,
this software requires to be activated, every time, you format/reinstall
Operating System on your computer. Product can be activated only Three times
after purchase. After that you need to repurchase the software at the price
existing at the time of repurchase. This activation has to follow set procedure
like giving written requisition for Activation Code, duly signed by the
customer. This procedure may take time of One to Three weeks. In case you opt
for Web-Activation, our record for Activation-Counts will be final and binding.
If you wish, you may purchase hardware lock from us, separately, which will
serve the purpose of activations. In this case, you will not need to activate
the Software every time you format/reinstall Operating System on your computer.
But, after the hardware lock is damaged, lost or is un-usable due to any reason,
whatsoever, you will need to repurchase the software at the prices existing at
the time of repurchase.
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DATA: You are strongly recommended to take Data-Backups
time to time. Denver or its suppliers shall not be liable if you lose data due
to any reason, whatsoever.
After you exhaust your Activation-Counts, you will need to repurchase the
software to be able to use the data you entered. Denver or its suppliers take no
liability for usefulness of that data. This data cannot be exported to any other
software.
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PRODUCT UPGRADATIONS: If you wish to purchase future
versions of this software, you will need to repurchase at the price existing at
the time of repurchase. This license does NOT entitle you to use future
versions. This license does NOT entitle you to receive future upgradations to
this Software.
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SEVERABILITY: In the event of invalidity of any provision
of this license, the parties agree that such invalidity shall not affect the
validity of the remaining portions of this license.
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NO LIABILITY FOR CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL
DENVER OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL,
INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY,
PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF DENVER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DENVER'S LIABILITY FOR ANY CLAIM,
WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE
FEE PAID BY YOU, IF ANY.
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GOVERNING LAW: This agreement shall be governed by the
laws of the Aurangabad, M.S., India, excluding the application of its conflicts
of law rules and shall inure to the benefit of DENVER and any successors,
administrators, heirs and assigns. Any action or proceeding brought by either
party against the other arising out of or related to this agreement shall be
brought only in a COURT of Aurangabad jurisdiction located in Aurangabad, M.S.,
India. The parties hereby consent to in personam jurisdiction of said courts.
The Indian Convention on Contracts for the International Sale of Goods is
specifically disclaimed.
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ENTIRE AGREEMENT: This is the entire agreement between you
and DENVER which supersedes any prior agreement or understanding, whether
written or oral, relating to the subject matter of this license.
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RESERVED RIGHTS: All rights not expressly granted here are
reserved to DENVER.