This is a legal agreement between you, the end user, and Instantiations, Inc. Having opened the sealed software packet you have agreed to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly return the software packet and the accompanying items (including written materials and other containers) to the place from which you obtained them to receive a full refund.

Grant of License. Instantiations grants you (i) a non-exclusive, nontransferable license to use one copy of the enclosed Instantiations software program (the “Software”) on a single computer for your personal use on the understanding that a single person uses each copy, and (ii) a non-exclusive, nontransferable license to use one copy of the related written materials enclosed (“Documentation”). Purchasers of the Software are therefore licensed to use it themselves on one computer at a time, and to make a single backup copy for their own use. No other license is given. In particular, The Software may not be installed on a computer network for use by more than one person. The Software may not be rented or leased to others, and the conditions of this sale apply to the purchaser in any resale.

Limited Warranty. Instantiations warrants the enclosed diskettes and documentation to be free of defects in materials and workmanship for 90 days from the date of purchase. Defective products returned to Instantiations during this period will be replaced without charge and are subject to the original warranty. Furnishing such replacements is Instantiations’ only obligation under the terms of this sale.

Although Instantiations has made all efforts to ensure that the Software performs as stated in this manual, no representation is made and no guarantee is given regarding the Software’s merchantability, performance, or its fitness for any purpose. It is sold as-is and purchasers assume all risks regarding its suitability for their purposes.

Instantiations is not liable for any loss of profit or other commercial damages, including but not limited to, special, incidental, consequential or other damages, including the loss of data, resulting from the use of the Software.

This is the sole and exclusive statement of Instantiations’s warranty, and no one is authorized to alter it in any way either orally or in writing.

Copyright. The Software and Documentation are owned by Instantiations and are protected by US and International copyright laws. You may not copy the Software or Documentation, except that you may make one copy of the Software solely for backup or archival purposes. No part of the Documentation may be reproduced or transmitted in any form or by any means, electronic or mechanical, including but not limited to photocopying, without prior written permission from Instantiations. Copying or duplicating the Documentation or any part thereof is a violation of the law.

Runtime Rights and Limitations. You have a royalty-free right to reproduce and distribute executable files created by using the Software that include the runtime environment portions of the Software (the “Runtime Files”) which are identified in the Documentation as being required to execute programs. The executable you distribute must not contain any part of the development environment portions of the Software (the “Development Files”) which are identified in the Documentation as being required to develop programs using the Software. You may not distribute any portion of the source code of the Software. You may not distribute executable files whose functionality is similar to that of the Software.

Governing Law. This Agreement shall be governed and construed under the laws of the State of Oregon and subject to the exclusive jurisdiction of the courts therein.

Entire Agreement. You agree that this Agreement expresses the entire understanding between you and Instantiations and supersedes all other communications, oral or written, relating to the Software.