This is a legal agreement between you, the end user, and CHAX, Inc.. By indicating “I Accept” below, you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, promptly call 1-310-827-4901 to request a Return Authorization (RA) and instrructions for return of the software and the accompanying items (including written materials and binders or other containers) and any unopened packages of supplies to the place you obtained them for a full refund (except for any freight charges).
1. GRANT OF LICENSE. CHAX, Inc. (CHAX) grants to you the right to use one copy of the enclosed software program (the “SOFTWARE”) on a single computer connected to a single printer (i.e., with a single CPU). You may network the SOFTWARE, but you may not use it on more than one computer or computer terminal This license is for installation on one computer not for multiple computers with only one active at a time.
2. COPYRIGHT. The SOFTWARE is owned by CHAX or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording) except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE.
3. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement and you notify CHAX in writing of such transfer. You may not reverse engineer, decompile, or disassemble the SOFTWARE.
4. RESTRICTED RIGHTS: If this Product is acquired by or for the U.S. Government then it is provided with Restricted Rights. Use duplication, or disclosure by the U.S. 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 at 48 CFR 52.227-19, or clause 18-52.227-86(d) of the NASA Supplement to the FAR, as applicable. Contractor/manufacturer is CHAX, Inc. at 606-A Venice Blvd., Venice, CA 90291.
LIMITED WARRANTY. CHAX Warrants that the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of 30 days from the date of receipt. Any implied warranties on the SOFTWARE are limited to 30 days. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
CUSTOMER REMEDIES. CHAX’s entire liability and your exclusive remedy shall be, at CHAX’s option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE that does not meet CHAX’s Limited Warranty and which is returned to CHAX with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.
NO OTHER WARRANTIES. MBS disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the SOFTWARE and any accompanying written materials. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall MBS or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use this CHAX product, even if CHAX has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
This agreement is governed by the laws of the State of California.
Should you have any questions concerning this Agreement, or if you wish to contact CHAX for any reason, please write CHAX Customer Service at [email protected] call 1-310-827-4901.