License

Carefully read the following definitions, terms and conditions
before opening or installing Antiques SOS™ for Windows® Version 6.0 This
end user license agreement for Antiques SOS™ for Windows® software is a
legally binding agreement between you (either individually or
as a single legal entity) and Software Gallery, LLC. This agreement
applies to all material provided that may include magnetic or
optical media, documentation, or other printed materials
("SOFTWARE PRODUCT"). By opening, installing, copying or
otherwise using the supplied SOFTWARE PRODUCT you agree
to be bound unconditionally by the terms of this end user agreement.
The use of the SOFTWARE PRODUCT and other materials
accompanying your license and its documentation is governed
by the terms set forth in this license agreement. Such use is at
your sole risk.

You must accept and agree to all of the terms of this Agreement.
If you do not agree with the terms and conditions of this agreement,
do not open, install or use the SOFTWARE PRODUCT and promptly
return all materials provided, prepaid.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and
international copyright treaties, as well as other treaties, and
intellectual property laws and treaties. It also incorporates trade
secrets of Software Gallery, LLC. The SOFTWARE PRODUCT
is licensed and not sold and is the exclusive property of Software
Gallery, LLC.

GRANT OF LICENSE: Software Gallery, LLC grants you a limited,
non-exclusive, personal license to use the SOFTWARE PRODUCT
developed, assembled and provided by Software Gallery, LLC. This
end user license agreement grants you the following rights:

You may use the Antiques SOS Premium™ SOFTWARE PRODUCT
on one to eight machines at any one physical location at any one time;
You may use the Antiques SOS Lite™ SOFTWARE PRODUCT
on one to two machines at any one physical location at any one time;
You may use the Antiques SOS Basic™ SOFTWARE PRODUCT
on one machine only at any one physical location at any one time
You may use the manual and other documentation and printed
materials only in conjunction with the use of the SOFTWARE PRODUCT;
You may copy the SOFTWARE PRODUCT into any machine
readable form for backup purposes in support of use of the
SOFTWARE PRODUCT on the permitted machine(s), provided
such copy includes the copyright notice;
You may not modify, merge, translate, decompile, reverse engineer,
disassemble, decode, or otherwise alter the SOFTWARE PRODUCT
and you may not reveal the source code or file structure. You
acknowledge that the SOFTWARE PRODUCT represents and
embodies certain trade secrets, confidential information and
intellectual property of Software Gallery, LLC. If applicable law
expressly allows the activities described above, any and all
information discovered or determined shall be deemed the
confidential and proprietary intellectual property of Software
Gallery, LLC.
You may not grant sublicenses, leases or other rights to the
SOFTWARE PRODUCTS to others;
You may not transfer the SOFTWARE PRODUCT electronically
from one machine to another or use it in any machine which
permits electronic access to the SOFTWARE PRODUCT by
more than one user at more than one physical site;
You may not use, copy, rent, lend, or transfer the SOFTWARE
PRODUCT or documentation, in whole or in part, except as
expressly provided for in this License Agreement.

OWNERSHIP: Title and ownership of the SOFTWARE PRODUCT remains
with Software Gallery, LLC. The SOFTWARE PRODUCT license
remains the property of Software Gallery, LLC until fully paid for. You may
transfer the SOFTWARE PRODUCT and license to another party if the
other party agrees to accept the terms and conditions of this Agreement
and if the transfer is prior approved in writing by Software Gallery, LLC.
If you transfer possession of the SOFTWARE PRODUCT in whole
or in part, or any copy to another party, your license is automatically
terminated and you may not retain copies of the SOFTWARE PRODUCT.
Any transfer of the SOFTWARE PRODUCT shall include all prior versions
of the SOFTWARE PRODUCT. In the event of termination of this license,
you agree to immediately cease use of the SOFTWARE PRODUCT and
return ALL of its components, prepaid, to Software Gallery, LLC.

COPYRIGHT: Software Gallery, LLC retains the ownership and copyright
protection of the SOFTWARE PRODUCT. You may not remove or obscure
the copyright and trademark notices in either hard copy or machine
readable portions of the SOFTWARE PRODUCT.

TERM: This license commences upon acceptance of this agreement and
being fully paid for under the terms of the purchase agreement and is
effective until terminated. You may terminate it by returning the
SOFTWARE PRODUCT together with all copies in any form. Software
Gallery, LLC may terminate this License Agreement without recourse if
you fail to comply with any of its terms and conditions. Further, Software
Galley, LLC reserves the right, at its sole and exclusive discretion to
terminate this license, without recourse, for any reason it deems appropriate.
Such termination shall cause this license to become null and void.

APPLICABLE LAW: This license shall apply and be governed according
to the laws of the State of Virginia. All remedies for violation of this
agreement, permitted by applicable law, shall be available to Software
Gallery, LLC without limit.

MISCELLANEOUS: Any and all claims that may arise as a consequence
of the use of the SOFTWARE PRODUCT shall be submitted to arbitration.
Such arbitration shall be conducted in the State of Wyoming, by an arbitrator
acceptable to Software Gallery, LLC, under the rules of the American
Arbitration Association and at a location suitable to Software Gallery, LLC.
Such arbitration shall not commence unless and until a non-refundable
deposit of two thousand (2000.00) U.S. Dollars, in the form of cash or
cashier’s check drawn upon a United States bank shall have been received
by Software Gallery, LLC. Any award, singularly or in the aggregate, shall
not exceed the amount paid by you, the LICENSEE, for the SOFTWARE
PRODUCT license. The terms and conditions of this EULA may be changed
by Software Gallery, LLC at any time without prior notification. Good and
sufficient notice of any such changes may be accomplished by posting the
revised EULA on the Antiques SOS™ web site – http://www.antiques-sos.com.

NONPAYMENT for LICENSE: Nonpayment for all or any portion of amounts
due and owing for the Antiques SOS™ software license shall be cause
without notice for the immediate revocation of the license granted under this
agreement and shall cause the license to become immediately null and void.
any and all monies paid shall be forfeit as liquidated damages and shall not be
returned to the purchaser of this license.

LIMITED WARRANTY: Software Gallery, LLC warrants that the SOFTWARE
PRODUCT will operate substantially as described in the accompanying
material for a period of sixty days from the date of shipping. You expressly
agree that the use of the SOFTWARE is at your sole risk. Software
Gallery, LLC will make commercially reasonable efforts to resolve problem
issues with respect to the SOFTWARE PRODUCT. Other than as described
above, the SOFTWARE PRODUCT and maintenance agreements are
provided "as is" and without warranty of any kind. Software Gallery, LLC
does not warrant that the SOFTWARE PRODUCT will meet your requirements
or that the SOFTWARE PRODUCT will be error free, or that the operation of
the SOFTWARE PRODUCT will be uninterrupted or that any apparent alleged
defects in the SOFTWARE PRODUCT will be corrected to your satisfaction.
This limited warranty gives you specific legal rights. Varying from state to state,
you may have other rights.

NO OTHER WARRANTIES: Software Gallery, LLC to the maximum extent
permitted by applicable law disclaims all other warranties and conditions,
either implied or express, including but not limited to, implied warranties of
merchantability, fitness for a particular purpose, title and absence of
infringement, with regard to the SOFTWARE PRODUCT and the provision
or failure to provide support services. Absolutely no representation is made
that the SOFTWARE PRODUCT will function as intended with any particular
machine(s), printer(s), network, or any other equipment, system or component
of either. The design, integration, setup and operation of such machine(s),
printer(s), network(s) or other equipment is solely your responsibility. No oral
or written information or advice given by a Software Gallery, LLC authorized
representative shall create a warranty or in any way increase the scope of
the given warranty.

LIMITATION OF LIABILITY: To the maximum extent permitted by applicable
law, Software Gallery, LLC and its officers, employees, or agents shall not
be liable for any indirect, incidental, consequential, or special damages
whatsoever. Included without limitation are damages for loss of business profits,
business interruption, loss of business information, or any other pecuniary
loss arising out of the use or inability to use the SOFTWARE PRODUCT
including without limit negligence or the provision or failure to provide support
services. The foregoing applies even if Software Gallery, LLC
has been advised of the possibility of such damages. In any case,
Software Gallery, LLC liability shall be limited to the amount actually paid
by you for the SOFTWARE PRODUCT license. Some states and jurisdictions
do not allow the exclusion or limitation of liability. Therefore, the above
exclusions may not apply to you.

INDEMNITY: You agree to hold harmless, defend and indemnify, without
limit, Software Gallery, LLC, and its officers and employees, against any
and all claims, losses, liabilities, costs and expenses, without limit,
including attorney's fees that Software Gallery may incur as a result of, or in
connection with your breach of this Agreement.

[Home] [Mailing List] [Publications] [About Us] [Contact Us] [Product Info] [Value] [Site Map]
[Site Purpose] [Support Policy] [Feedback] [What's New] [Privacy Policy] [Order Form]

Send mail to sos@carbonpower.net with questions or comments about this web site
Copyright (c) 2007 Software Gallery, LLC
Last modified November 2007