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SOFTWARE LICENSE AGREEMENT

2013 revision This updated license supersedes any previous license issued by Synergy Software.

This product is published by Synergy Software located at 2457 Perkiomen Ave., Reading, PA 19606-2049 USA — Phone:  (1) 610-779-0522 —  Fax:  (1) 610-370-0548 —  Internet: sales@synergy.com — Web Site: www.synergy.com

IMPORTANT:  READ THIS BEFORE OPENING

By installing, copying or otherwise using this Synergy Software product, you agree to be bound by all the terms and conditions of this license agreement.  If you do not accept or agree to these terms you may, within fifteen (15) days, return this entire package unused and unopened to the place where you acquired it.

SOFTWARE LICENSE AGREEMENT

Synergy Software grants you a non-exclusive license to use this copy of the program on the following terms:

LICENSE

You may:

a.Install and use the program on any single computer dedicated to your sole use, and if desired, install a second copy of the program, also for your exclusive use, on a home or portable computer.

b.Or:     Install and use the program from a network server, but only if network monitoring software is employed which allows no more than one user per licensed program at any time. The burden of proof for compliance lies with the licensee.  Shared or networked computer users may not install a second copy of the program on a home or portable computer.

c.Make 1 copy of the program in machine readable form solely for archival purposes, provided that you reproduce all proprietary notices on each copy.

You may not:

a.Modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, or copy (except for the archival copy) the program or the accompanying documentation;

b.Lend, rent, lease, transfer or grant any rights in the program or accompanying documentation in any form to any other person without the prior written consent of Synergy Software;

c.Remove any proprietary notices, labels or marks on the program and accompanying documentation.

Failure to comply with any of the above restrictions will terminate this license.  This license is not a sale.  Title and copyrights to the program and accompanying documentation and any copies remain with Synergy Software and are protected by US and international copyright laws and treaties.

The use of LZW compression/decompression technology for the GIF (CompuServe Graphics Interchange Format) has been licensed and granted from Unisys for use with KaleidaGraph.    This is licensed under U.S. Patent No. 4558302 and foreign counterparts.   Purchasing KaleidaGraph does not authorize or permit an End User to use any other product or perform any other method or activity involving use of LZW unless the End User is separately licensed in writing by Unisys.

LIMITED WARRANTY AND DISCLAIMER

Synergy Software warrants that, for a period of ninety (90) days from the date of purchase, the CD-ROM on which the program is furnished will be free from defects in materials and workmanship and that the software is properly recorded.  Synergy Software’s entire liability and your exclusive warranty will be to replace the CD-ROM.

Except for the above express limited warranty, Synergy Software and the company’s licensor(s) make no warranties or conditions expressed, implied, statutory or in any other communication with you, and Synergy Software and the company’s licensor(s) specifically disclaim any implied warranty or condition of merchantability or fitness for a particular purpose. The entire risk as to the quality and performance of the software is borne by you. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.  This warranty gives you specific legal rights.  You may also have other rights which vary from state to state.

LIMITATION OF LIABILITY

In no event will Synergy Software and the company’s licensor(s) be liable for any damages, lost profit, lost data, loss of use, including but not limited to special, incidental, consequential or indirect damages, arising from the use of the program, however caused and on any theory of liability, even if Synergy Software and the company’s licensor(s) have been advised of the possibility of such damages.  You acknowledge that the license fee reflects this limitation of liability.  Some states do not allow the limitation or exclusion  of liability for incidental or consequential damages, so the above limitation may not apply to you.

GENERAL

This Agreement is the entire agreement.  If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.


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