SOFTWARE LICENSE AGREEMENT
This legal document is an agreement between you, the end user, and Almyta. BY USING ANY OF THE ALMYTA PRODUCT, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDES THE SOFTWARE LICENSE, SOFTWARE DISCLAIMER OF WARRANTY, AND HARDWARE LIMITED WARRANTY (collectively the "agreement").
THIS AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT BETWEEN YOU AND ALMYTA. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE ALMYTA PRODUCT.
ALMYTA SOFTWARE LICENSE
1. GRANT OF LICENSE. in consideration of payment of the LICENSE fee, which is part of the price you paid for this product, Almyta, as licensor, grants to you, the LICENSEE, a nonexclusive right to use and display this copy of Almyta software program (hereinafter the "SOFTWARE") on all your network computers at the licensed location. Almyta reserves all rights not expressly granted to LICENSEE.
2. OWNERSHIP OF SOFTWARE. As the LICENSEE, you own the magnetic or other physical media on which the SOFTWARE is originally or subsequently recorded or fixed, but Almyta retains title and ownership of the software recorded on the original disk copy(ies) and all subsequent copies of the
SOFTWARE, regardless of the form or media in or on which the original and other copies may exist. This license is not a sale of the original SOFTWARE or any copy.
3. COPY RESTRICTIONS. This SOFTWARE and the accompanying written materials are copyrighted. Unauthorized copying of the SOFTWARE, including SOFTWARE that has been modified, merged, or included with other software, or of the written materials is expressly forbidden. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this license. Subject to these restrictions, and if the SOFTWARE is not copy-protected, you may make one (1) copy of the SOFTWARE solely for backup purposes. You must reproduce and include the copyright notice on the backup copy.
4. USE RESTRICTIONS. As the LICENSEE, you may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the SOFTWARE. You may not modify, adapt, translate, or create derivative works based on the written materials without the prior written consent of Almyta.
5. TRANSFER RESTRICTIONS. This SOFTWARE is licensed only to you, the LICENSEE, and may not be transferred to anyone without the prior written consent of Almyta. Any authorized transferee of the SOFTWARE shall be bound by the terms and conditions of this agreement. In no event may you transfer, assign, rent, lease, sell, or otherwise dispose of the SOFTWARE on a temporary or permanent basis except as expressly provided herein.
6. TERMINATION. This license is effective until terminated. This license will terminate automatically without notice from Almyta if you fail to comply with any provision of this license. Upon termination you
shall destroy the written materials and all copies of the SOFTWARE, including modified copies, if any.
7. MISCELLANEOUS. Because Almyta gives to its clients a full chance to try all Almyta?s software before any sale occurs, all sales are considered by Almyta being final. This Agreement is governed by the laws of the State of Nevada.
DISCLAIMER OF WARRANTY AND LIMITED WARRANTY
THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS
FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, ALMYTA DOES NOT WARRANT, GUARANTEE, OR MAKE ANY TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE, YOU, AND NOT ALMYTA OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Almyta warrants to the original LICENSEE that (a) the disk(s) on which the SOFTWARE is recorded is free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of delivery as evidenced by a copy of the receipt and (b) the hardware, if any, accompanying the SOFTWARE is free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of delivery as evidenced by a copy of the receipt. Further Almyta hereby limits the duration of any implied warranty(ies) on the disk or such hardware to the respective periods stated above. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
Almyta's entire liability and your exclusive remedy as to the disk(s) or hardware shall be, at Almyta's option, either (a) return of the purchase price or (b) replacement of the disk or hardware that does not meet Almyta's Limited Warranty and which is returned to Almyta with a copy of the receipt. If failure of the disk or hardware has resulted from accident, abuse, or misapplication, Almyta shall have no responsibility to replace the disk or hardware or refund the purchase price. Any replacement disk or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
THE ABOVE ARE THE ONLY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT ARE MADE BY ALMYTA ON THIS ALMYTA PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ALMYTA, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
NEITHER ALMYTA NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE SUCH PRODUCT EVEN IF ALMYTA 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.
The Disclaimer of Warranty and Limited Warranty is governed by the laws of the State of Nevada.
U. S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE and documentation is provided with RESTRICTED RIGHTS. Use, duplications, or disclosure by the Government is subject to restrictions as sent forth in subdivision [b]  [ii] of the Rights in Technical Data and Computer Software clause of 252.227-7013. Contractor/manufacturer is Almyta,
Should you have any questions concerning this Agreement, or if you desire to contact Almyta for any reason, please contact Almyta Sales and Service, 209 S. Stephanie St. Ste B-140 Henderson, NV 89012