Genitor License and Warranty

IMPORTANT:  Please read this agreement carefully before installing.  By installing this product you are agreeing to be bound by the terms and conditions stated below.

This is a license agreement between Genitor Corporation ("we" or "us") and you, the end-user.  The software and documentation that accompany this agreement (the "Software") is the property of Genitor Corporation or its licensors and is protected by copyright law. While we continue to own the Software, you will have the following rights and obligations as to the Software after your acceptance of this license.

You may:  1) use the Software on that number of standalone computers, or that number of computers or workstations connected to a local or wide-area network, for which you have acquired licenses in a Genitor System Pack or User License Add-On;  2) make a reasonable number of back-up copies of the Software for archival purposes; or 3) after notifying us in writing, transfer the Software on a permanent basis to another person or entity, provided that you retain no copies of the Software and the transferee agrees to the terms of this agreement.

You may not:  1) sublicense, rent, or lease any portion of the Software; or 2) reverse engineer, decompile, disassemble, modify, translate, or make any attempt to discover the source code of the Software, or create derivative works from the Software.

Standard Technical Support

You are automatically eligible for installation and setup assistance.  Registered users are entitled to ninety (90) days of Standard Technical Support, which includes reasonable technical support via telephone, fax, or e-mail.  Upgrades to the Software, if any, are not included and may be sold separately.  You may extend technical support beyond the standard level on an annual fee basis.

Limited Warranty

IF THE PRODUCT ACCOMPANYING THIS AGREEMENT IS A GENITOR SYSTEM PACK (WHICH CONTAINS MEDIA ON WHICH THE SOFTWARE IS DISTRIBUTED), WE WARRANT THAT THE MEDIA WILL BE FREE FROM DEFECTS FOR A PERIOD OF 30 DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE TO YOU.  YOUR SOLE REMEDY IN THE EVENT OF A BREACH OF THIS WARRANTY IS THAT WE WILL, AT OUR OPTION, REPLACE ANY DEFECTIVE MEDIA RETURNED TO US WITHIN THE WARRANTY PERIOD OR REFUND THE MONEY YOU PAID FOR THE SOFTWARE.

THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, OR THAT THE SOFTWARE IS ERROR-FREE.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

Disclaimer of damages

REGARDLESS WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO CASE WILL OUR LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS WHETHER YOU ACCEPT THE SOFTWARE.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

U.S.  Restricted Rights

RESTRICTED RIGHTS LEGEND.  Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) 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 clause at 48 CFR 52.227-19, as applicable.  The vendor is Genitor Corporation, 220 E. Huron St, Suite 500, Ann Arbor, Michigan 48104-1912.

General

This Agreement is governed by the laws of the State of Michigan.  This Agreement may be modified only by a written license addendum that has been signed by both you and us.  If you have any questions concerning this Agreement, or if you wish to contact us for any reason, please write Customer Service, Genitor Corporation, 220 E. Huron St, Suite 500, Ann Arbor, Michigan 48104-1912.

Genitor is a registered trademark of Genitor Corporation.
AFG, Auxiliary File Generator, and Corporate Capture are trademarks of Genitor Corporation.

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