By installing this product, you are agreeing to be bound by the terms of this document. This Agreement constitutes the complete agreement between you and Wholly Genes, Inc. (hereafter "Wholly Genes"). If you do not agree to the terms of this Agreement, do not complete this installation. Promptly return all media and other material which are part of this Wholly Genes product, together with your proof of payment, to your place of purchase in accordance with the policies of that retailer.
1. License Grant: In consideration of payment of the license fee, which is part of the price you paid for this product, Wholly Genes, as licensor, grants to you, the LICENSEE, a non-exclusive right to use and display this copy of product(s) as follows: (a) The Master Genealogist - you may use this product on a single computer. For your convenience, you may install this licensed copy of the product on no more than three (3) computers (e.g., home, office, laptop) for your exclusive use or that of your immediate family members, provided that no two of those computers shall ever operate the software at the same time.
You may distribute the "Slideshow Viewer" (TMGSS.EXE) and other related files that are produced through the slideshow "Export" process, provided that you do not sell the slideshow or receive monetary compensation for it beyond a nominal fee for media reproduction.
Wholly Genes reserves all rights not expressly granted to the LICENSEE.
2. Ownership: As the LICENSEE, you own the magnetic or other physical media on which the Wholly Genes product is originally or subsequently recorded or fixed, but Wholly Genes retains the title to and ownership in the software program of the Wholly Genes product recorded on the original disk copy and all subsequent copies of the Wholly Genes product, 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 program of the Wholly Genes product or any portion or copy of it.
3. Copy Restrictions: The Wholly Genes product and the accompanying materials are copyrighted and contain proprietary information and trade secrets of Wholly Genes. Unauthorized copying of the Wholly Genes product, even if modified, merged, or included with other software, or of the written materials is expressly forbidden. You may be held legally responsible for any infringement of Wholly Genes' intellectual property rights that is caused or encouraged by your failure to abide by the terms of this Agreement. In addition to licensed installations as described above, you may make one (1) copy of the Wholly Genes product solely for backup purposes, provided that the copyright notice is reproduced in its entirety on the backup copy.
4. Permitted Uses: This Wholly Genes product, user's guide and documentation is licensed to you, the LICENSEE, and may not be transferred to any third party for any length of time without the prior written consent of Wholly Genes. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based upon the Wholly Genes product. Written materials provided to you may not be modified, adapted, translated, or used to create derivative works without the prior written consent of Wholly Genes.
5. Termination: This Agreement is effective until terminated. This Agreement will terminate without notice from Wholly Genes if you fail to comply with any provision contained herein. Upon termination, you shall destroy the written materials, the Wholly Genes product, and all copies of them, in part, and in whole, including modified copies, if any.
6. Registration: Wholly Genes may from time to time update the Wholly Genes product. Updates can be made available to you only if your license has been registered with Wholly Genes, Inc.
7. Miscellaneous: This Agreement is governed by the laws of Maryland.
DISCLAIMER AND LIMITED WARRANTY
Wholly Genes warrants the disk(s) on which these products(s) are furnished (if any) to be free from defects in material or workmanship under normal uses for a period of ninety (90) days from the delivery to you, as evidenced by a copy of your receipt.
Wholly Genes' entire liability and your exclusive remedy as to a disk shall be at Wholly Genes' option, either the return of the purchase price or replacement of the disk that does not meet Wholly Genes' Limited Warranty and which is returned to Wholly Genes with a copy of the receipt. If failure of any disk has resulted from accident, abuse, or misapplication, Wholly Genes shall have no responsibility to replace the disk or refund the purchase price. Any replacement disk will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. This warranty gives you specific legal rights. You may have other rights, which vary from state to state.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE WHOLLY GENES, INC., PRODUCT, REFERENCE MATERIAL, AND OTHER DOCUMENTATION ARE PROVIDED AS IS. WHOLLY GENES, INC., MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE USE OF THIS LICENSED MATERIAL, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING.
WHOLLY GENES, INC., SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FROM LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THESE PRODUCTS, EVEN IF WHOLLY GENES, INC., 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.
U.S. Government Restricted Rights
The software products referred to as the Wholly Genes product and its related documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-19©(2) (May, 1987) when applicable or the applicable provisions of the DOD FAR supplement 252.227-7013 subdivision (a)(15) (April, 1988) or subdivision (a)(17) (April, 1988). Contractor/manufacturer/licensor is Wholly Genes, Inc., 5144 Flowertuft Court, Columbia, Maryland 21044.
Export: (Domestic Versions): Regardless of any disclosure made by LICENSEE to Wholly Genes of an ultimate destination of the Wholly Genes product, LICENSEE shall not re-export or transfer whether directly or indirectly, the Wholly Genes product to anyone outside the United States of America without first obtaining a license from the United States Department of Commerce or any other agency or department of the United States Government, as required.
Should you have any questions concerning this Agreement, please contact Wholly Genes, Inc., in writing.
Can I install TMG on more than one computer? (and other license issues)
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