NOTICE: SOFT HORIZONS 06 LICENSES THE ENCLOSED SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT.  PLEASE READ THESE TERMS CAREFULLY.  IF YOU DO NOT AGREE TO THESE TERMS, THEN SOFT HORIZONS IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, IN WHICH EVENT YOU SHOULD RETURN THE FULL PRODUCT WITH PROOF OF PURCHASE TO THE DEALER FROM WHOM IT WAS ACQUIRED WITHIN THIRTY DAYS OF PURCHASE, AND YOUR MONEY WILL BE REFUNDED.

LICENSE AND WARRANTY:

The software known as “Chartbot Barcodes” and its related documentation which accompanies this license (the ”Software”) is the property of Soft Horizons 06 (“Licensor”) or its licensors and is protected by copyright law.  While Licensor continues to own the Software, you will have certain rights to use the Software after your acceptance of this license.  Except as may be modified by a license addendum which accompanies this license, your rights and obligations with respect to the use of this Software are as follows:

You may:

(i) use only one copy of one version of the various versions of the Software contained on the enclosed media or electronic file on a single computer, or if only one version is contained on the enclosed media or electronic file use one copy of such version on a single computer; for those portions of the Software which consist of EPS files, editable files which include any part of the Software may only be edited, converted, printed, processed or merged on the aforementioned single computer;

(ii) make one copy of the Software for archival purposes, or copy the software onto the hard disk of your computer and retain the original for archival purposes;

(iii) use the Software on a network, provided that you have a licensed copy of the Software for each computer that accesses the Software over that network;  and

(iv) after written notice to Licensor, 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:

(i) copy the documentation which accompanies the Software;

(ii) sublicense, rent or lease any portion of the Software;

(iii) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;

(iv) use a previous version or copy of the Software after you have received a disk replacement set or an upgraded version as a replacement of the prior version.  Upon upgrading the Software, all copies of the prior version must be destroyed;

or

(v) use or allow the Software to be used in a safety-critical or life-critical application, or for any other use that could lead to injury or severe damages of any kind.

Limited Warranty:

Licensor warrants that, if the Software is distributed to you on physical media provided by Licensor, said media on which the Software is distributed will be free from defects for a period of sixty (60) days from the date of delivery of the Software to you. Your sole remedy in the event of a breach of this warranty will be that Licensor will, at its option, replace any defective media returned to Licensor within the warranty period or refund the money you paid for the Software.  Licensor does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.

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

Disclaimer of Damages:

REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL LICENSOR 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 LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE SOFTWARE IS FURNISHED AS IS, IS SUBJECT TO CHANGE WITHOUT NOTICE, AND SHOULD NOT BE CONSTRUED AS A COMMITMENT BY LICENSOR.

LICENSOR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR INACCURACIES, MAKES NO WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SOFTWARE, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE LICENSOR, AUTHORS OR COPYRIGHTHOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN 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.

IN NO CASE SHALL LICENSOR' LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE.  The disclaimers and limitations set forth above will apply regardless of whether you accept the Software.

U.S. Government 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, Soft Horizons, 11693 San Vicente Blvd., Unit 495, Los Angeles, CA 90049.

General:

This Agreement will be governed by the laws of the State of California.  This Agreement may only be modified by a license addendum which accompanies this license or by a written document which has been signed by both you and Licensor.  Should you have any questions concerning this Agreement, or if you desire to contact Licensor for any reason, please write: Soft Horizons 06 Sales, 11693 San Vicente Blvd., Unit 495, Los Angeles, CA 90049.