Software License Agreement, Disclaimer, and Limitation of Liability
IMPORTANT. READ CAREFULLY. This Software License Agreement, Disclaimer, and Limitation of Liability (together called
"Agreement") is a legal agreement between you (an individual or a single entity) and Starfish Software, Inc. ("Starfish"). This Agreement
covers as many of the software programs TrueSync Plus, TrueSync Desktop, TrueSync Component Install, and any other Starfish
software as together accompany this Agreement in one Starfish-authorized product and covers all software and files that are
downloaded or installed at any time (including the future) using TrueSync Component Install, TrueSync Plus, or the other Starfish
software. TrueSync Plus and TrueSync Desktop include components known as "Accessors" that may be used with TrueSync Plus or
TrueSync Desktop. The downloaded or installed software and files may include without limitation TrueSync Plus, TrueSync Desktop,
Accessors, and/or updates. All such accompanying software and downloaded or installed software and files, and any associated media,
printed materials, and/or "online" or electronic documentation, are together called the "Software Product" in this Agreement. By
downloading, installing, copying, or otherwise using the Software Product, you acknowledge that you have read this Agreement and
agree to be bound by its terms. If you do not agree to the terms of this Agreement, do not download, install, copy, or otherwise use the
Software Product.
Some components of the Software Product (including, for example, components offered for your future download) may be accompanied
by their own licenses ("Component Agreements") to which you must separately agree if you wish to use the components.
As with any product, Starfish recommends backing up your data files before installation and periodically as you continue to use the
Software Product. For help backing up your data, please visit the Starfish Web site at: http://www.starfish.com/service/backup/
A. License for Individual Use
The Software Product is licensed, not sold, to you for your own individual use only. You may install the Software Product on a single
computer for use by a single, particular user. You may make a single additional copy of the Software Product, for archive purposes only.
Each Accessor is licensed only for use with, and on a same computer as, a compatible version (if one exists) of TrueSync Plus (or
TrueSync Desktop) that you have validly licensed from Starfish.
The Software Product is protected by U.S. and international copyright law and treaties, as well as other intellectual property law and
treaties, and cannot be copied or otherwise made available to more than one person at the same time without violating the law. Starfish
reserves all rights not specifically granted in this Agreement.
B. Other Limits on Your Use
Except as otherwise specifically described in this Agreement, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense,
time-share, or electronically transmit or receive the Software Product. The Software Product's component parts may not be separated for
use on more than one computer. You acknowledge that the Software Product in source code form is and remains a confidential trade
secret of Starfish. You agree not to modify or attempt to reverse engineer, decompile, or disassemble the Software Product, except and
only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
C. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK. THE SOFTWARE PRODUCT IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
STARFISH, AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL 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 PRODUCT AND THE PROVISION OF OR
FAILURE TO PROVIDE SUPPORT SERVICES.
Starfish makes no representation or warranty regarding the content of the Software Product, including its computer software and
documentation. For example, Starfish does not warrant that software or documentation, is "error-free" or will meet the needs and
requirements of a particular user. All information in the Software Product, including the software and documentation, is subject to change
without notice.
D. Limitation of Liability
To the maximum extent permitted by applicable law, Starfish and its suppliers expressly disclaim any liability for damages arising from the
use of this Software Product or any other damages, including (though not limited to) lost profits or data, special, incidental, consequential,
indirect, or other damages or claims, even if Starfish or its suppliers have been specifically advised of the possibility of such damages or
claims. Regardless of the form of the damage or claim, the only liability Starfish or its suppliers will have to you or any other person will be
limited to the amount actually paid for your product of which the Software Product is a part, or $100 (U.S.), whichever is greater. Because
some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
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