Golden Copyright (C) 1996-2024 Benthic Software, LLC All Rights Reserved

1. License Agreement Golden (the "Software")

"Licensee" means the person or company, who is being licensed to use the "Software" identified in the title of this License Agreement. "Licensor" means Benthic Software.

2. 30 Day Trial License

THIS IS NOT FREE SOFTWARE. Subject to the terms below, Licensee is hereby licensed to use this software for evaluation purposes without charge for a period of 30 days. If you use this software after the 30 day evaluation period you are required to make payment for the software.

3. Limited Nonexclusive License

Licensee acknowledge that you are acquiring only a limited nonexclusive license to use the Software (the "License"). Licensor shall remain the owner of all right, title, and interest in the Software and in any copies of it.

The License permits Licensee to install the Software on more than one computer system, e.g., a desktop computer and a laptop computer normally used by the same person at different times, provided that there is no possibility that the Software will be used on more than one computer system simultaneously; any such simultaneous use requires a separate license for each computer system.

Licensee may make a reasonable number of backup copies of the Software solely for backup purposes.

Licensee agrees not to make, nor to permit, the making of copies of the Software (including its documentation) except as authorized by this License Agreement or otherwise authorized in writing by Licensor.

Licensee agrees not to engage in, nor to permit, the de-compilation, disassembly, or other reverse engineering of the Software.

4. Disclaimer of Warranty

THIS PROGRAM IS SUPPLIED AS IS. THE LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR ANY PURPOSE. THE LICENSOR ASSUMES NO LIABILITY FOR DAMAGES, DIRECT OR CONSEQUENTIAL, WHICH MAY RESULT FROM THE USE OF THIS PROGRAM. THE LICENSEE MUST ASSUME THE ENTIRE RISK OF USING THE PROGRAM. ANY LIABILITY OF THE LICENSOR WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.

To the best of our knowledge Licensee's use of the Software in accordance with its printed documentation will not, in and of itself, infringe any third party's copyright, patent, or other intellectual property right.

No employee, agent, dealer, or distributor of ours is authorized to modify this disclaimer of warranty, nor to make any additional warranties.

If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 30 DAYS AFTER DELIVERY OF THIS COPY OF THE SOFTWARE TO LICENSEE.

Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to Licensee.

This warranty gives Licensee specific legal rights, and Licensee may also have other rights which vary from state to state.

5. No Incidental or Consequential Damages

Independent of the foregoing provisions, IN NO EVENT WILL LICENSOR BE LIABLE TO LICENSEE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECTED WITH THIS AGREEMENT OR LICENSEE'S USE OF THE SOFTWARE, regardless whether Licensor know or have reason to know of the possibility of such damages.

Some states do not allow exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

6. Licensee's Indemnity to Licensor

Independent of the foregoing provisions, Licensee agrees to defend and indemnify Licensor against, and hold us harmless from, any and all claims, damages, losses, and expenses of any kind arising from or connected with the operation of Licensees business.

7. Termination

If Licensee materially breaches this License Agreement, Licensor may terminate Licensee's right to use the Software by notice to Licensee.

Licensee agrees that, upon termination of the License, Licensee will either return to Licensor or destroy all copies of the Software in Licensee's possession.

8. Entire Agreement, etc.

This written License Agreement is the exclusive agreement between Licensee and Licensor concerning the Software and supersedes any and all prior oral or written agreements, negotiations, or other dealings between the parties concerning the Software.

This License Agreement may be modified only by a writing signed by the parties.

In the event of litigation between Licensee and Licensor concerning the Software, the prevailing party in the litigation, and the prevailing party in any ancillary disputes (e.g., discovery disputes) will be entitled to recover attorneys' fees and expenses from the other party.

This License Agreement will be governed by the law of the State of Massachusetts applicable to contracts executed and performed entirely in, and by residents of, that state.

This License Agreement is effective upon the Licensee use of the Software. Licensee agrees that Licensor need not sign this License Agreement in order for it to take effect.