Proxy License Agreement and Limited Warranty

This legal document is an agreement between you, the end user, and Funk Software, Inc., concerning the Proxy Master and Proxy Host software (collectively, the "Software"). Please read it carefully before installing the Software. By clicking on the YES button, you agree to the terms set forth below. If these terms are not acceptable, click on the NO button to cease program operation, and return the package and documentation to the place of purchase for a full refund.

LICENSE

Funk Software grants to you, and you accept, a non-exclusive license to use a certain number of copies of the Proxy Master software and Proxy Host software, as shown on the printed version of this agreement.

For each copy of the Proxy Master software and Proxy Host software this license confers, you have the right to use said Proxy Master software or Proxy Host software on a single workstation. The Proxy Master software or the Proxy Host software is considered to be in use once it is installed on a workstation, whether or not it is loaded into memory. You may not install the Proxy Master software or the Proxy Host software for access by more workstations than you have licensed copies. A copy of the Proxy Master software or the Proxy Host software may be transferred for access by a different workstation, but only if you anticipate the transfer to be permanent.

You may make copies of the Software only for backup and archival purposes. 

You are expressly prohibited from sublicensing, assigning, leasing, renting, loaning, time-sharing, copying, or otherwise distributing the Software or documentation to anyone, except as specifically provided in this Agreement. You may not alter, modify, adapt, create a derivative work, merge, translate, decompile, disassemble, or reverse engineer the Software. Any attempt to do any of the foregoing shall automatically terminate your license.

You may permanently transfer this license to another user but only if you transfer all disks and documentation, you cease to use and destroy your own working copy of the Software, and the recipient specifically agrees to all of the terms of this Agreement.

This license and your right to use the Software automatically terminate if you fail to comply with any provision of this license agreement. Upon termination you must destroy all documentation, disks, and working copies of the Software.

LIMITED WARRANTY

Funk Software warrants that the software will substantially conform to published specifications and to the documentation, provided it is used with compatible computer hardware and operating systems. Funk Software also warrants that the original diskettes and documentation are free from defects in material and workmanship. Funk Software will replace defective diskettes or documentation or correct substantial software errors at no charge, or, at Funk Software's sole option, refund the license fee which you paid, provided you return the item to Funk Software within 90 days of your documented date of purchase. In the event of a refund, this license shall terminate. These are your sole remedies for any claim of breach of warranty.

EXCEPT AS SPECIFICALLY PROVIDED ABOVE, FUNK SOFTWARE MAKES NO OTHER WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, DISKETTES OR DOCUMENTATION, INCLUDING THEIR QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FUNK SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE'S FUNCTIONS WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. 

IN NO EVENT WILL FUNK SOFTWARE OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF FUNK SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Funk Software is not responsible for any costs including, but not limited to, those incurred as a result of lost profits or revenue, loss of time, data, or use of the software, the costs of recovering such software or data, the cost of substitute software, claims by third parties, or other similar costs. IN NO CASE WILL FUNK SOFTWARE'S LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE. 

THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. 

The warranties provided give you specific legal rights. You may have other rights which vary from state to state. Some states do not allow the exclusion or limitation of implied warranties or of incidental or consequential damages, so some of the above may not apply to you.

GENERAL

This Agreement is the entire agreement between you and Funk Software relative to the Software and supersedes all prior written statements, proposals or agreements relative to its subject matter. This Agreement is governed by the laws of Massachusetts. Funk Software owns all title to the Software and documentation and all rights not expressly granted are retained, and no rights under federal copyright or other applicable laws are waived. No title to the intellectual property contained in the Software is transferred, and no source code to any software is sublicensed.

EXPORT RESTRICTIONS

Because the U. S. Government controls export of technical materials, including the restrictions contained in the U. S. Export Administration Act, you agree that neither the Software nor any direct product thereof is being or will be shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the U. S. Export Administration Act and the regulations thereunder, or will be used for any purpose prohibited by the Act.

U.S. GOVERNMENT RESTRICTED RIGHTS

The enclosed Software and documentation are provided with RESTRICTED AND LIMITED RIGHTS. Use, duplication or disclosure by the U.S Department of Defense or any civilian agency is subject to restrictions as set forth in 48 CFR 12.212, 48 CFR 52.227-19(c)(1) and (2), 48 CFR 52.227-14, Alternate III, as applicable, or in 48 CFR 252.227-7013, 7015 and 48 CFR 227.7202 of DFARS, as applicable, and their respective successor regulations. Contractor/Manufacturer is Funk Software, Inc., 222 Third Street, Cambridge, Massachusetts 02142.

If you have any questions, write or call Funk Software.

(c) Copyright 1996 Funk Software, Inc. All rights reserved. Proxy is a trademark of Funk Software, Inc.
