Enetics Software License Agreement

The following states the license agreement for use with this product. You acknowledge this agreement by proceeding with the installation of this computer software from disks or CD-ROM.

LICENSE AGREEMENT

PLEASE READ CAREFULLY THIS LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE. PROCEEDING WITH THE INSTALLATION OF THIS COMPUTER SOFTWARE INDICATES YOUR ACCEPTANCE OF THE LICENSE TERMS. IF YOU DO NOT AGREE WITH THE TERMS, YOU SHOULD CANCEL THE INSTALLATION PROCESS AND RETURN THE PACKAGE TO ENETICS, INC. WITHIN SIXTY (60) DAYS AND YOUR MONEY WILL BE REFUNDED.

Enetics, Inc. ("Enetics") provides the computer software program(s) and documentation (printed manuals, guides, bulletins, and/or online Help) contained in the package and any modifications, updates, revisions or enhancements received by you from Enetics or its dealers (the "Program"), and licenses its use within the terms below.

You are granted a nontransferable license to use the Program on a single computing machine under the terms stated in this Agreement. Title and ownership of the Program and of the copyright in the Program remains with Enetics;
You may not make copies, translations or modifications of or to the Program, except you may copy the Program into a machine-readable or printed form for backup purposes in support of your use of the Program. You must reproduce the copyright notice on any copy of the program or portion of the Program merged into another program. All copies of the Program and any portion of the Program merged into or used in conjunction with another program will continue to be the property of Enetics and subject to the terms and conditions of this Agreement;
You may not assign, sell, distribute, lease, rent, sublicense or transfer the Program or this license or disclose the Program to any other person. You may not reverse-engineer, disassemble or decompile the Program or otherwise attempt to discover the source code or structural framework of the Program; and
This license terminates if you fail to comply with any provision of this Agreement. You agree upon termination to destroy the Program, together with all copies, modifications and merged portions in any form, including any copy in your computer memory or on a hard disk.

LIMITED WARRANTY

Enetics warrants that the Program substantially conforms to the specifications contained in Enetics' packaging and promotional materials for a period of sixty (60) days from delivery as evidenced by your receipt, provided that the Program is used on the computer operating system for which it was designed. Enetics further warrants that the media on which the Program is furnished will be free from defects in material or workmanship for a period of sixty (60) days from delivery. Enetics' sole obligation and liability for breach of the foregoing warranties shall be to replace the defective media or refund the purchase price of the Program as Enetics deems appropriate. Any modification of the Program by anyone other than Enetics voids the foregoing warranty. No other warranties are expressed and none shall be implied. Enetics specifically excludes any implied warranties of merchantability and fitness for a particular purpose. Some states do NOT allow the exclusion of implied warranties so the foregoing may not apply to you.

LIMITATION OF LIABILITY

In no event shall Enetics’ liability to you for damages hereunder for any cause whatsoever exceed the amount paid by you for use of the Program. In no event will Enetics be liable for any lost profits or other incidental or consequential damages arising out of the use or inability to use the Program even if Enetics has been advised of the possibility of such damages.

U.S. Government Restricted Rights The Program and documentation is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subdivision (c)(1 ) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/Manufacturer is Enetics, Inc., 830 Canning Parkway, Victor, NY 14564.

This Agreement is governed by the laws of the state of New York. Enetics is registered trademark of Enetics Inc. All other products are trademarks of their respective companies.