Title, ownership rights, and intellectual property rights in HCA remain in Licensor. HCA is licensed, not sold, to you.
This Agreement grants you the right to install and use HCA on computers owned by you and to make a reasonable number of back-up copies of HCA solely for archival purposes.
PROHIBITION AGAINST USE WITH CRITICAL APPLICATIONS
HCA is not designed to be used in connection with any critical application. "Critical application" means any appliance, equipment, program, application, process, or other use in which operation of HCA, defective operation of HCA, or failure of HCA would result in any form of injury or damage, whether to person or property or to any environmental, economic, business, or other form of interest. You may not use HCA in connection with or to control any critical application. Licensor disclaims any express or implied warranty of fitness for critical applications.
OTHER RIGHTS AND LIMITATIONS
You may not rent or lease HCA.
You may permanently transfer all of your rights under this Agreement only as part of a sale or transfer of HCA. Such sale or transfer must include all of HCA (including User Guide, all component parts, the media and printed materials, any upgrades, and this Agreement) AND the recipient must agree to be bound by the terms of this Agreement. After transfer, you may not retain any copies of HCA.
You acknowledge that HCA is subject to United States export control laws, including the export administration regulations. You will not export, re-export or divert HCA in contravention of those laws.
Without prejudice to any other rights, Licensor may terminate this Agreement if you fail to comply with its terms and conditions. In such event, you must destroy all copies of HCA and all of its component parts.
This Agreement gives you specific legal rights. You may have other rights which vary from state to state.
Licensor warrants that HCA will perform substantially in accordance with the User Guide supplied with the software.
The term of the Limited Warranty and any implied warranty is 90 days from the date of receipt by the original purchaser. Some states do not allow limitations on duration of an implied warranty, so that this limitation may not full apply to you.
During the warranty period, Licensor's entire liability and your sole remedy will be, at Licensor's option, either (1) return of that portion of the purchase price attributable to HCA, or (2) replacement of the software. Any replacement software will have the same Limited Warranty for the remainder of the original warranty period or thirty days, whichever is longer.
For warranty questions or claims, contact Licensor on the Worldwide Web at www.HCATech.com
NO WARRANTY OF OTHER PRODUCTS
Licensor does not make any warranties, express or implied, with regard to any other product bundled or sold together with HCA.
EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES; LIMITATION ON REMEDIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL LICENSOR BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES FOR PERSONAL INJURY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE HCA, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR HCA. 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. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED ABOVE. NO PERSON MAY MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
GOVERNING LAW AND JURISDICTION
All disputes arising out of or related to this Agreement and to HCA shall be governed by the law of Washington. You consent to the jurisdiction and venue of the state courts of Washington in connection with any action arising out of this Agreement or involving HCA.
This Agreement constitutes the entire agreement of the parties relating to HCA. This Agreement supersedes all prior communications, warranties, representations, commitments, or agreements, verbal or written, made by any person purporting to act on behalf of Licensor. This Agreement may not be amended except in a writing executed by both parties.