ACCENTS IN STONE LICENSE AGREEMENT

IMPORTANT INFORMATION: READ THIS FIRST

The enclosed Agreement is a legal agreement between you either an individual or entity, the end user, and ACCENTS IN STONE (AIS). By opening the enclosed sealed disc package, You agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly return the unopened disc package. The accompanying items including written and binders or other containers, to the place you obtained them for a refund.

The enclosed AIS Licensee Agreement printed on the AIS Licensee card allows you to use the software included in this package, provided you agree to the terms of this Agreement.

The AIS Licensee Agreement allows you to dedicate one copy of this AIS product for use one particular computer.

This Licensee Agreement is your proof of licensee. Please treat this as a valuable property.

1.GRANT OF THE LICENSE.

(a) Dedicated use AIS grants to you the right to use one copy of the enclosed AIS CD-ROM disc the "SOFTWARE" on a single computer. (Dedicated computer.") You may transfer the "software" to another single computer PROVIDED you do no more than once every (30) days and no copies of the "SOFTWARE" licensed herein is retained for use on any other computer. However, if one individual uses the Dedicated Computer more than 80% of the time it is in use, then that individual also may use the SOFTWARE on a portable or home computer.

(b) Transitory Use. Not withstanding (a) You may transfer the right to use the SOFTWARE as often as you like if you require each user of the SOFTWARE to have a physical possession of an original AIS license, either this AIS license or equivalent designated by AIS at all times during the use of the SOFTWARE. For purposes of this section "use" means loading the SOFTWARE into RAM, as well as installing, printing or copying files from the CD-ROM to any storage, display or pointing device. You may access the SOFTWARE from hard disk, over a network or any other method you choice, so long as you otherwise comply with this AIS Licensee Agreement.

2. COPYRIGHT. The SOFTWARE is owned by AIS or it's suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material i.e. a book or musical recording. You may not copy the written materials accompanying the software.

3. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but may transfer the SOFTWARE and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this agreement. You may not reverse engineer, decoompile or disassemble the SOFTWARE. Any transfer of the SOFTWARE must include the most recent update and all prior versions.

4. LIMITED WARRANTY AIS warrants that, for a period of ninety (90) days from the date of receipt, (a) the computer programs contained in the "SOFTWARE" will perform substantially in accordance with the accompanying written materials; and (b) each of the textural works contained in the "SOFTWARE" is substantially similar to such work, excluding photos, diagrams, and illustrations, in a print version (if applicable). Any implied warranties on the "SOFTWARE" are limited to (90) days. Some states/ countries do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you.

5. CUSTOMER REMEDIES. ACCENTS and it's suppliers entire liability and your exclusive remedy shall be, at ACCENT'S option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE that does not meet ACCENTS Limited Warranty and which 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 (30) days, whichever is longer.

NO OTHER WARRANTIES

ACCENTS and it's suppliers disclaim all other warranties, either express or implied, including, but not limited to implied warranties of merchantability and the fitness for a particular purpose, with regards to the SOFTWARE and the accompanying written materials. This limited warranty gives you specific legal rights. You may have others which vary that from state / country.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES.

In the event shall ACCENTS or it's suppliers be liable for any damages whatsoever (including without limitation, damages for losses of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this ACCENTS product, even if ACCENTS has been advised of the possibility of such damages. Because some states/countries do not allow the exclusion of liability for consequential or incidental damages, the above limitations may not apply to you.

If either AIS or Company employs attorneys to enforce any rights arising out of or in relation to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees. This Agreement shall be construed and controlled by the laws of the STATE OF NEW YORK and Company further consents to jurisdiction by the state and federal courts sitting in the STATE OF NEW YORK. Process may be served on either party U.S. Mail, postage prepaid, certified or registered, return receipt requested, or by such other method.

Subject to the limitations set forth in this Agreement , this Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns.

If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.

All obligations created by this Agreement shall survive change or termination of the parties' business relationship. This entire agreement shall be construed, interpreted and governed by the laws of the Sate of New York.

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Last modified on Sunday, October 14, 2007
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