You must read and agree all of the terms listed below before installing this software onto any computer.

Optigold Software License

    The enclosed computer program(s) ("Software") is licensed, not sold, to you by Digital Point Solutions for use only under the terms of this license, and Digital Point Solutions reserves any rights not expressly granted to you. You own the media on which the Software is recorded or fixed, but Digital Point Solutions retains ownership of the Software itself.

1. License.
    This License allows you to:

(a) Use one copy of the Software on a single computer at a time. To "use" the Software means that the Software is either loaded in the temporary memory (i.e., RAM) of a computer or installed on the permanent memory of a computer (i.e., hard disk, CD ROM, etc.). You may install the Software on a common storage device that is accessible by multiple computers, provided that if more computers have access to the common storage device than the number of licensed copies of the Software, you must have some software mechanism which locks-out any concurrent users in excess of the number of licensed copies of the Software (an additional license is not needed for the one copy of Software installed on the common storage device accessed by multiple computers).

(b) Make one copy of the Software in machine readable form solely for backup purposes. Additionally, only so long as the Software is installed only on the permanent memory of a single desktop computer which is not accessible by multiple computers and that the single desktop computer is used by one user for at least 80% of the time the computer is in use, that user may also make a copy of the Software to use on a portable computer which is primarily used by such user. As an express condition of this License, you must reproduce on each copy any copyright notice or other proprietary notice that is on the original copy supplied by Digital Point Solutions.

(c) The licensing agreement is for the original purchaser and is non-transferable.

2. Restrictions.
    The Software contains trade secrets in its human perceivable form and, to protect them, you may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.

3. Dual Media.
    If this package contains 3.5 inch disks and CD-ROM(s), then you may use only the media appropriate for your single computer or common storage device. You may not use the other disks on another computer or common storage device, nor may you rent, lease, loan or transfer them to another user except as part of a transfer as expressly permitted by this License.

4. Termination.
    This License is effective until terminated. This License will terminate immediately without notice from Digital Point Solutions or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the Software, all accompanying written materials and all copies thereof, and Sections 6, 7 and 8 will survive any termination.

5. Export Law Assurances.
    You agree that neither the Software nor any direct product thereof is being or will be shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder or will be used for any purpose prohibited by the Act.

6. Limited Warranty.
    Digital Point Solutions warrants for a period of ninety (90) days for your date of shipment that (i) the disk(s) on which the Software is recorded will be free from defects in materials and workmanship under normal use, and (ii) the Software as provided by Digital Point Solutions will substantially conform to Digital Point Solutions' published specifications for the Software. Digital Point Solutions' entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at Digital Point Solutions' option, replacement of the disk(s), refund of the purchase price or repair or replacement of the Software.

    THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY DIGITAL POINT SOLUTIONS AND DIGITAL POINT SOLUTIONS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. Limitation of Remedies and Damages.
    In no event will Digital Point Solutions, its parent, or subsidiaries or any of the directors, officers, employees or affiliates of any of the foregoing to be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforseeable, arising out of the use of or inability to use the Software or accompanying written materials, regardless of the basis of the claim and even if Digital Point Solutions or a Digital Point Solutions Representative has been advised of the possibility of such damage. Digital Point Solutions' liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited to the greater of $500 or the money paid for the Software than caused the damages. THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. General.
    This License will be construed under the laws of the State of California, except for that body of law dealing with conflicts of law. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect.

Manufacturer:
    Digital Point Solutions, 8465 Regents Road, Suite 448, San Diego, CA 92122-1393, USA.