By using this software you accept this license agreement.
SECTION 1 - DEFINITIONS
1.1 "Century" means Century Software Inc., 6465 S. 3000 E. STE 104 Salt Lake City, Utah 84121
1.2 "Licensee" means the individual or the business entity to whom this copy of Software is licensed.
1.3 "Computer" is a single computer system, with or without hard disk storage, on which the Licensee is licensed to use the Software. Use on networks of linked computers requires additional Licenses or a server based License.
1.4 "Software" is the set of copyrighted, object-code computer programs provided in the accompanying sealed package. This Agreement does not entitle Licensee to any source code.
1.5 "Documentation" means Century's Published Software manual(s) and any other written, printed, or electronic material provided by Century with the Software. 1.6 "License" means the License purchased and granted pursuant to Paragraph 2.1. 1.7 "License Fee" means the payment made by Licensee for the purchase of the License. The License fee does not include any sales or use tax or other tax that may be imposed by any government agency. Licensee is responsible for the payment of all such taxes.
1.8 "Derivative" means any computer program code which may be developed that is derived from or contains any part of the Software.
1.9 "Evaluation Version" is a version of Century's Software that expires 30 days from date of installation.
1.10 "Not For Resale" or "NFR" is a version of Century's Software that cannot be resold.
SECTION 2 - LICENSE AND PROTECTION OF SOFTWARE
2.1 License Grant: Century grants to Licensee and Licensee purchases, a nonexclusive, nontransferable license to install this copy of the Software on as many computers or, in the case of a server-based License, servers at a single location as the number of user Licenses or server Licenses, as the case may be, authorized by the activation key sheet. Century may terminate this License at any time by notice to Licensee, should Licensee breach this Agreement. Century reserves all rights not expressly granted in this License.
2.2 Protection of Software: Licensee agrees to take all reasonable steps to protect Century's Software from unauthorized copying or use. Licensee agrees to pay Century for additional Licenses if Licensee uses the Software in any way beyond the scope of this License. Licensee agrees not to disassemble, decompile, or otherwise reverse engineer the Software. Licensee agrees either to destroy or return the original and all other copies of the Software to Century upon termination of this License.
2.3 Copies: Licensee shall not copy the Software except as necessary to use the Software on the licensed Computer(s) or to back up such licensed use. All trademark and copyright notices must be faithfully reproduced and included on such copies. Licensee may not copy the Documentation.
2.4 Ownership: Ownership of, and title to, the Software and Documentation and all copies thereof (including copies provided with this Agreement and copies under Paragraph 2.3) shall be held by Century. Copies are loaned to Licensee to allow Licensee to exercise rights under the License.
2.5 Restrictions: Licensee shall not rent, lease, sublicense, transfer, network, reproduce, display, or timeshare this Software, except as expressly permitted by the Agreement or by Century in writing.
2.6 Number of Computers: This Software may be used on the same number of Computers as user licenses, or servers as server licenses purchased. Licensee may change the Computer(s) or server(s) on which Licensee is authorized to use the Software to another Computer(s) or server(s), as the case may be, within Licensee's immediate organization. In such case, neither Licensee nor anyone else may continue to use the Software on the former Computer(s) or server(s). In no event may Licensee transfer the Software to a higher class of server (as desigated in Century's Price List) without the prior written consent of Century.
2.7 Transfer: Licensee may not transfer any copy of the Software to another person or entity outside Licensee's immediate organization, on either a permanent or temporary basis, unless Licensee obtains the prior written approval of Century and pays the current license transfer fee. Approval will not unreasonably be withheld if Licensee advises Century in writing of the name and address of the proposed license transferee, the license transferee returns a copy of the Registration Card, and the transferee agrees to be bound by the terms of this Agreement. Century will provide an additional copy of this Agreement and a new Registration Card for this purpose upon request. If the License transfer is approved, Licensee must transfer all copies of the Software and Documentation including the originals.
2.8 Derivatives: Should Licensee make any Derivative of the Software, title to the Derivative (including copyright, trade secrets and other intellectual property) and all copies thereof shall be deemed assigned to Century.
2.9 Evaluation Version(s): Is a single user copy of Century's Software, that may be made available for examination prior to the purchase of that Software. The Evaluation version's license cannot be transferred from the original user. Evaluation versions expire after 30 days following installation at which time an activation key may be purchased.
2.10 Not For Resale (NFR) Versions: NFR versions of Century Software's products cannot be resold. A Not For Resale version can contain any number of Licenses.
SECTION 3 - LIMITED WARRANTY AND LIMITED LIABILITY
3.1 Registration Card: Century shall have no obligation under this Limited Warranty if the enclosed Registration Card is not promptly completed, signed, and returned to Century.
3.2 Compatibility: The Software is only compatible with the computer systems identified on the Century product purchased. This Software is not compatible with or warranted for any other kind of computer, server, or operating system. Century does not warrant that the Software is compatible with any other computer programs.
3.3 Media and Documentation: Century warrants that if the enclosed media (e.g., compact disk, magnetic diskettes, etc.) or Documentation are in a damaged or physically defective condition at the time that the License is purchased, and if they are returned to Century, then Century will provide Licensee with replacements at no charge.
3.4 Software: Century warrants that if the Software fails to substantially conform to the specifications in the Documentation and any other specifications published by Century, and if nonconformity is reported in writing by Licensee to Century, then Century shall either remedy the nonconformity or offer to refund the License Fee to Licensee upon return of the Software and Documentation to place of purchase. In the event of a refund, the License shall terminate. To preserve the License, the Licensee may decline the refund and retain the Software and Documentation.
3.5 90-Day Limited Warranty: Paragraphs 3.3 and 3.4 expire 90 days from the date of purchase of the License. Licensee must provide to Century a dated proof of purchase (e.g., dated sales receipt).
3.6 DISCLAIMER OF WARRANTIES: CENTURY MAKES NO WARRANTY, REPRESENTATION, OR PROMISE NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. CENTURY DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, USAGE OF TRADE, TITLE, AND NONINFRINGEMENT. CENTURY DOES NOT WARRANT THAT THE LICENSED SOFTWARE WILL SATISFY LICENSEE'S REQUIREMENTS OR THAT THE LICENSED SOFTWARE IS WITHOUT DEFECT OR ERROR, THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED. THE AGENTS, EMPLOYEES, DISTRIBUTORS, AND DEALERS OF CENTURY MAY NOT MODIFY THIS AGREEMENT OR MAKE ADDITIONAL WARRANTIES BINDING ON CENTURY.
3.7 LIMITATIONS ON LIABILITY: CENTURY'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT OR THE LICENSED SOFTWARE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G., CONTRACT, WARRANTY, TORT, COMPUTER MALPRACTICE, FRAUD, AND/OR OTHERWISE) IS LIMITED TO THE TOTAL OF ALL PAYMENTS RECEIVED BY CENTURY FROM CUSTOMER UNDER THIS AGREEMENT. CENTURY SHALL NOT IN ANY CASE BE LIABLE FROM ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES EVEN IF CENTURY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CENTURY IS NOT RESPONSIBLE FOR LOST PROFITS OR REVENUE, LOSS OF USE OF THE LICENSED SOFTWARE, LOSS OF DATA, COSTS OF RECREATING LOST DATA, THE COST OF ANY SUBSTITUTE EQUIPMENT OR PROGRAM, OR CLAIMS BY ANY PARTY OTHER THAN CUSTOMER.
3.8 SOLE REMEDY AND ALLOCATION OF RISK: CUSTOMER'S SOLE AND EXLUSIVE REMEDY IS SET FORTH IN THIS AGREEMENT. THIS AGREEMENT DEFINES A MUTUALLY AGREED-UPON ALLOCATION OF RISK AND CENTURY'S PRICES AND FEES REFLECT SUCH ALLOCATION OF RISK.
SECTION 4 - GENERAL CONDITIONS
4.1 Governing Law: This Agreement shall be governed by the laws of the State of Utah and the United States of America.
4.2 Entire Agreement: This Agreement sets forth the entire understanding and agreement between Century and Licensee and may be amended only in a writing signed by both parties.
4.3 Severability: If any provision in this Agreement is invalid or unenforceable, such provision shall be construed, limited, or if necessary, severed to the extent necessary to eliminate the invalidity or unenforceability, and the other provisions of the Agreement shall remain unaffected.
4.4 Export Act: Licensee hereby warrants and certifies that no Licensed Software or any related item or product will be made available or exported to any country in contravention of any law of the United States, including the Export Administration Act of 1979 and regulations relating thereto.
Portions of this Century Product are licensed under the Apache License, Version 2.0. In accordance with the terms of this license, it is reproduced below. The file covered under this license is named "DroidSansFallback.ttf"
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions. "License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document. "Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License. "Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License. "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types. "Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below). "Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. "Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution." "Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions: You must give any other recipients of the Work or Derivative Works a copy of this License; and You must cause any modified files to carry prominent notices stating that You changed the files; and You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.