Software License Agreement
1. This is an agreement between TriTek Corp. and Purchaser, who is being licensed to use the named Software.
2. Purchaser acknowledges that this is only a limited nonexclusive license. TriTek Corp. is and remains the owner of all titles, rights, and interests in the Software.
3. This License permits Purchaser to install the Software on one computer system. Purchaser will not make copies of the Software or allow copies of the Software to be made by others.
4. This Software is subject to a limited warranty. TriTek Corp. warrants to Purchaser that the Software is distributed free from defects under normal use, the Software will perform according to its on-line documentation, and to the best of TriTek Corp.'s knowledge Purchaser's use of this Software according to the on-line documentation is not an infringement of any third party's intellectual property rights. This limited warranty lasts for a period of 90 days after delivery. To the extent permitted by law, THE ABOVE-STATED LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND TRITEK CORP. DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. No agent of TriTek Corp. is authorized to make any other warranties or to modify this limited warranty. Any action for breach of this limited warranty must be commenced within one year of the expiration of the warranty. Because some jurisdictions do not allow any limit on the length of an implied warranty, the above limitation may not apply to this Purchaser. If the law does not allow disclaimer of implied warranties, then any implied warranty is limited to 90 days after delivery of the Software to Purchaser. Purchaser has specific legal rights pursuant to this warranty and, depending on Purchaser's jurisdiction, may have additional rights.
5. In case of a breach of the Limited Warranty, Purchaser's exclusive remedy is as follows: Purchaser will return all copies of the Software to TriTek Corp., at Purchaser's cost. At TriTek Corp.'s option, TriTek Corp. will either send Purchaser a replacement copy of the Software, at TriTek Corp.'s expense, or issue a full refund.
6. Notwithstanding the foregoing, TRITEK CORP. IS NOT LIABLE TO PURCHASER FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR PURCHASER'S USE OF THIS SOFTWARE. Purchaser's jurisdiction may not allow such a limitation of damages, so this limitation may not apply.
7. Purchaser agrees to defend and indemnify TriTek Corp. and hold TriTek Corp. harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Purchaser's business operations or use of the purchased Software.
8. TriTek Corp. has the right to terminate this License Agreement and Purchaser's right to use this Software upon any material breach by Purchaser.
9. Purchaser agrees to return to TriTek Corp. or to destroy all copies of the Software upon termination of the License.
10. This License Agreement is the entire and exclusive agreement between TriTek Corp. and Purchaser regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between TriTek Corp. and Purchaser regarding this Software.
11. This License Agreement is governed by the law of Virginia applicable to Virginia contracts.
12. This License Agreement is valid without TriTek Corp.'s signature. It becomes effective upon the earlier of Purchaser's signature or Purchaser's use of the Software.