End-User License Agreement for Publishing & Indexing Software
Copyrighted by LevTech

IMPORTANT — READ CAREFULLY BEFORE ORDERING OUR PUBLISHING & INDEXING SOFTWARE!!

Leverage Technologies, Inc. License Agreement


This is a legal agreement between you (the "LICENSEE") and Leverage Technologies, Inc. ("LEVTECH"). By installing and/or using the SOFTWARE, you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly remove the software from your machine(s). To obtain a refund, if applicable, send a letter or e-mail certifying the software has been deleted.

SOFTWARE LICENSE

1. GRANT OF LICENSE. LEVTECH grants to LICENSEE the right to use the SOFTWARE as follows: one copy on one computer (single-user license) or one server (site license) as purchased. For purposes of this section, "using" means loading the SOFTWARE into RAM as well as installing on hard disk or other storage device, provided that installation on a network server for the exclusive purpose of distribution to one or more other computer(s) shall not constitute a "use" for which a separate license is required.

2. COPYRIGHT. The SOFTWARE is confidential and proprietary property owned by LEVTECH or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording) except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE.

3. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but you 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, decompile, or disassemble the SOFTWARE.

LIMITED WARRANTY

LIMITED WARRANTY. LEVTECH warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of sixty (60) days from the date of receipt; and (b) the media, containing the SOFTWARE, is free of defects in materials and workmanship for a period of thirty (30) days from the date of receipt by LICENSEE. If LEVTECH receives written notification within the warranty period of defects in materials or workmanship, and such notification is determined by LEVTECH to be correct, LEVTECH will replace the defective media.

CUSTOMER REMEDIES. LEVTECH'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT LEVTECH'S OPTION, EITHER (a) RETURN OF THE PRICE PAID, OR (b) REPAIR OR REPLACEMENT OF THE SOFTWARE THAT DOES NOT MEET LEVTECH'S LIMITED WARRANTY AND WHICH IS RETURNED TO LEVTECH WITH A COPY OF YOUR RECEIPT. This Limited Warranty 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 thirty (30) days, whichever is longer.

These remedies are not available outside the United States of America.

NO OTHER WARRANTIES. LEVTECH DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE TO STATE.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL LEVTECH OR ITS SUPPLIERS, AGENTS, OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS LEVTECH PRODUCT, EVEN IF LEVTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

U.S. GOVERNMENT RESTRICTIONS RIGHTS

The SOFTWARE and written materials are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable.

This Agreement is governed by the laws of the State of Ohio.

Manufacturer is Leverage Technologies, Inc., 9519 Greystone Parkway, Cleveland, Ohio 44141-2939.