IMPORTANT, READ CAREFULLY

Sprite Software Limited ("Sprite Software") licenses the enclosed software, associated materials and online/electronic documentation ("Product") to you upon the terms contained in this EULA. Please read the terms carefully before installing this software, as installing the software will indicate your assent to them. If you do not agree to these terms, then you are not authorised to install or use the enclosed software.

License

The Product is the property of Sprite Software or its licensors and is protected by copyright law and international treaties. While Sprite Software continues to own the Product, you will have certain rights to use the Product after your acceptance of this license. Your rights and obligations with respect to the use of the Product are as follows:

You are licensed to use:

  1. one copy of the Product; and
  2. use the Product for backup and restoration purposes only.

You may not:

  1. copy the Product;
  2. sublicense, rent or lease any portion of the Product;
  3. reverse engineer, decompile or disassemble the Product except and only to the extent expressly permitted by applicable law;
  4. modify or create derivative works from the Product;
  5. distribute the Product for disaster recovery or any other purposes.

Without prejudice to any other rights, Sprite Software may terminate this EULA if you fail to comply with any of the terms and conditions of this EULA. In such event, you must destroy all parts of the Product.

No Warranty:

To the maximum extent permitted by law:

  1. Sprite Software expressly disclaims any warranty for the Product; and
  2. the Product is provided "as is" without warranty of any kind, either expressly or implied, including, without limitation that the Product will meet your requirements, that operation of the Product will be uninterrupted or that the Product will be error-free.

Privacy

Occasionally Sprite Software will collect anonymous use information about the product. This information cannot be used to identify you personally. Sprite Software will not be liable for any charges incurred (if any) during the sending of this information. You can read more at www.spritesoftware.com.

TO THE EXTENT PERMITTED BY LAW, SPRITE SOFTWARE EXCLUDES ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

No Liability for Damages:

IN NO EVENT WILL SPRITE SOFTWARE LIMITED OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOST PROFITS, BUSINESS INTERRUPTION OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF SPRITE SOFTWARE LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES/JURISDICTIONS 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 SPRITE SOFTWARE LIMITED\'S LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE.

General:

This Agreement will be governed by the laws of New Zealand. Should you have any questions concerning this Agreement, or if you desire to contact Sprite Software Limited. for any reason, please write to: Sprite Software Limited. Customer Sales and Service, P.O. Box 911243, Auckland Mail Centre, Auckland 1142, New Zealand or email info@spritesoftware.com