Single Computer

Pantone, Inc.
Electronic End User Software License Agreement
For PANTONE for fashion and home color chooser 3.0
NOTICE TO USER: USE OF THIS SOFTWARE IS SUBJECT TO THE LICENSE
AGREEMENT DISPLAYED BELOW. BY CONTINUING TO INSTALL THE
SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF ITS TERMS. If you do not
accept the terms of this Agreement, do not continue the installation process and
promptly return the entire product to the place of purchase for a full refund.
LICENSE, OWNERSHIP OF SOFTWARE AND SCOPE OF LICENSE
In consideration of payment of the License Fee, which is part of the price you p
aid for
this product, Pantone grants to you a non-exclusive license to use the accompany
ing
software ("Software") and accompanying documentation ("Documentation") according
to
the following terms. The Software and Documentation ("Product") are owned by
Pantone and protected by United States and international copyright laws and
international trade provisions. You own the physical medium on which the Softwa
re is
recorded but Pantone retains title and copyrights to the Product. The number of
licensed users that may use the Product is indicated in the upper left-hand corn
er of this
Agreement ("Permitted Number of Users").
You may:
Install the Software and use the Software on a single computer at a time
or other storage device up to the Permitted Number of Users. For the
purposes of this Agreement, "use" means either loading the Software into
computer memory or running it in a CPU.
Make a single archive copy of the Software provided that it includes all
notices and markings in, or on, the original. This archive copy may not be
in use at any time and must remain in your possession and control.
You may not:
Copy the Software except as expressly provided in this Agreement.
Copy, modify, adopt, translate, or create derivative works based on the
Documentation.
Merge the Software with another program, except as provided for in the
Software, or modify, adopt, translate, or create derivative works based on
the Software.
Reverse-engineer, disassemble, decompile, or make any attempt to
discover the source code of the Software.
Sublicense, rent, or lease any portions of the Software.
Transfer the Software to anyone or to any entity without the prior writt
en
consent of Pantone. Any authorized transferee of the Software shall be
bound by the terms of this Agreement and you may not retain any copies
of the Product after the transfer.
Remove any proprietary notices, labels, or marks on the Software or
Documentation.

DUAL MEDIA SOFTWARE

If the Product contains two or more operating environment versions of the Softwa
re
(e.g., Macintosh and Windows), the same Software on two or more media (e.g.,
diskettes and a CD-ROM), and/or you otherwise receive two or more copies of the
Software, the total aggregate number of computers on which all versions of the S
oftware
are used may not exceed the Permitted Number of Computers. You may not rent, le
ase,
sublicense, lend or transfer versions or copies of the Software you do not use,
or
Software contained on any unused media, except as part of the permanent transfer
(as
provided above) of the Product.
TERMINATION
This License is effective until terminated. You may terminate this License at a
ny time by
destroying the Product. This License and your right to use the Product terminat
e
automatically if you violate any part of this Agreement. In the event of termin
ation, you
must immediately destroy all copies of the Product or return them to Pantone.
EXPORT LAW ASSURANCES
You agree that neither the Software nor any direct product thereof, will be expo
rted
outside the United States, or if you rightfully obtained the Software outside th
e United
States, will not be reexported, except as permitted by the laws and regulations
of the
United States and the jurisdiction in which you obtained the Software.
LIMITED WARRANTY AND DISCLAIMER
Pantone warrants the disks on which the Software is distributed to be free from
defects
in materials and workmanship and that the Software will perform substantially in
accordance with the Documentation for a period of 90 days from your receipt of t
he
Product. Any written or oral information or advice given by Pantone dealers, di
stributors,
agents, or employees will in no way increase the scope of this warranty.
If the Product fails to comply with the warranty set forth above, Pantone's enti
re liability
and your exclusive remedy will be replacement of the disk or, at Pantone's optio
n,
Pantone's reasonable effort to make the Product meet the warranty set forth abov
e.
This limited warranty applies only if you return all copies of the Product, alon
g with a
copy of your paid invoice, to an authorized Pantone dealer within 90 days of the
date
you received the Product. If Pantone is unable to make the Product conform to t
he
above warranty, Pantone, at its option, will refund all or a fair portion of the
price you
paid for this package. Any replacement Software will be warranted for the remai
nder of

the original 90-day warranty period or for 30 days from the date you received th
e
replacement, whichever is longer. These remedies are not available outside of t
he
United States and Canada.
PANTONE DISCLAIMS ALL OTHER WARRANTIES, OF ANY KIND EITHER
EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO THE PRODUCT. NO ORAL OR WRITTEN
INFORMATION, OR ADVICE GIVEN BY PANTONE, ITS DEALERS, DISTRIBUTORS,
AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR INCREASE THE
SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH
INFORMATION OR ADVICE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE TO
STATE.
NEITHER PANTONE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE
CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE SUCH PRODUCT EVEN IF PANTONE
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.
GENERAL
This Agreement constitutes the entire agreement between you and Pantone and
supersedes any prior agreement concerning the contents of this package. This
Agreement shall not be modified except by written agreement dated subsequent to
the
date of this Agreement signed by an authorized Pantone representative. Pantone
is not
bound by any provisions of any purchase order, receipt, acceptance, confirmation
,
correspondence, or otherwise, unless Pantone specifically agrees to the provisio
n in
writing. This Agreement is governed by the laws of the state of New York.
U.S.A. GOVERNMENT END USERS
This Product is provided with RESTRICTED RIGHTS. Use, duplication, or disclosur
e by
the Government is subject to restrictions set forth in subparagraph (c)(1)(ii) o
f the Rights
in Technical Data and Computer Software clause at DFARS 252.227-7013, and
paragraph (d) of the Commercial Computer Software--Restricted Rights clause at F
AR
52.227-19. The subcontractor/manufacturer is Pantone, Inc., 590 Commerce Boulev
ard,
Carlstadt, New Jersey 07072.

PANTONE and other Pantone, Inc. trademarks are the property of Pantone, Inc.
Microsoft is either a registered trademark or trademark of Microsoft Corporation
in the United Stated and/or other
countries.
Macintosh is a trademark of Apple Computer, Inc.