PLEASE READ THIS LICENSE
CAREFULLY. This document is an agreement between you, the user (hereinafter
"You" or "licensee"), and The Sausalito Brewing Co., Inc.
(HEREINAFTER "SBC"). BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY
THE TERMS OF THIS LICENSE. IF YOU do not AGREE TO THE TERMS OF THIS SOFTWARE
LICENSE AGREEMENT (HEREINAFTER THE "AGREEMENT") AND DISCLAIMER OF
WARRANTY WITH SBC, promptly return the unused software to the vendor from which
you purchased it (RETURN to SBC if you purchased it directly from SBC) and your
money will be refunded. This document contains the entire agreement between the
parties relating to the rights herein granted and the obligations herein
assumed. This document shall be governed by and construed in accordance with
the laws of the State of California.
- GRANT OF LICENSE. In consideration of the payment of the license fee, which
is the price you paid for SBC's ProMash software (hereinafter the
"Software" and "Documentation"), SBCd, as Licensor, grants
to you, the Licensee, a nonexclusive right to use to use and display the
Software on only one computer at a time. You may not copy and distribute the
ProMash application or Documentation.
- OWNERSHIP OF SOFTWARE. As a Licensor, SBC retains title and ownership of
the ProMash Software and Documentation regardless of the form or media in or on
which the original and other copies may exist. As the Licensee, you own the
magnetic or other media on which the ProMash Software and Documentation is
originally fixed. This License is not a sale of the of the copyright in the
original ProMash Software and Documentation or any copy.
- USE RESTRICTIONS. You may not translate, reverse engineer, decompile or
disassemble the Software.
- TERMINATION. This license is effective until terminated, and will
terminate automatically and without notice from SBC if you fail to comply with
any provision of this Agreement. Upon termination, you shall destroy the
Software and Documentation, including modified copies if any.
- DISCLAIMER OF WARRANTY ON SOFTWARE AND LIMITATION ON LIABILITY. THIS
SOFTWARE IS LICENSED "AS IS." SBC MAKES NO WARRANTIES EXCEPT FOR THE
WARRANTIES SPECIFIED IN THIS AGREEMENT. SBC DISCLAIMS ALL OTHER EXPRESS
WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, AND OF FITNESS FOR A PARTICULAR PURPOSE.
SBC DISCLAIMS THE FITNESS FOR USE AND PARTICULAR PURPOSE AND COMPATIBILITY
OF SOFTWARE AS MERGED OR INCORPORATED WITH OTHER SOFTWARE. IN ADDITION, SBC
DISCLAIMS ALL LIABILITY AS WELL AS INCIDENTAL AND CONSEQUENTIAL DAMAGES WHICH
MAY RESULT FROM THE SYSTEM AND/OR HARDWARE "CRASH" RESULTING FROM THE
USE OF THE SOFTWARE.
SBC's liability, if any, for loss or damages relating to or arising out of
the license of the Software shall not exceed the charges paid by customer for
THE ENTIRE RISK AS TO THE QUALITY, RESULTS AND PERFORMANCE OF THE SOFTWARE
IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SBC) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
This warranty gives you specific legal rights, but some states do not allow
the limitation or exclusion of incidental or consequential damages, or
limitations on the term of an implied warranty, so the above limitation or
exclusion may not apply to you. You may also have other rights which vary from
state to state.
- GOVERNMENT END USERS. If you are acquiring the Software and Documentation
on behalf of any unit or agency of the United States Government, the following
provisions apply. The Government agrees:
(i) if the Software and
Documentation are supplied to the Department of Defense (DoD), the Software and
Documentation are classified as "Commercial Computer Software" and
the Government is acquiring only "restricted rights" in the Software
and Documentation as that term is defined in Clause 252.227-7013(c)(1) of the
(ii) if the Software and Documentation are supplied to any unit or agency of
the United States Government other than DoD, the Government's rights in the
Software and Documentation will be as defined in Clause 52.227-19(c)(2) of the
FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement
to the FAR.
- COMPLETE AGREEMENT. This Agreement constitutes the entire agreement between
the parties with respect to the use of the Software and Documentation, and
supersedes all prior or contemporaneous understandings or agreements, written
or oral, regarding such subject matter. No amendment to or modification of this
Agreement will be binding unless in writing and signed by a duly authorized
representative of SBC.
- SEVERABILITY. If for any reason a court of competent jurisdiction finds any
provision of this Agreement, or portion thereof, to be unenforceable, that
provision of the Agreement shall be enforced to the maximum extent permissible
so as to effect the intent of the parties, and the remainder of this Agreement
shall continue in full force and effect.