4.6 No Transfer YOU WILL NOT RENT, LEASE, SELL, SUBLICENSE, ASSIGN OR TRANSFER YOUR RIGHTS IN THE SOFTWARE, OR AUTHORIZE ANY PORTION OF THE SOFTWARE TO BE COPIED ONTO ANOTHER INDIVIDUAL OR LEGAL ENTITY’S COMPUTER EXCEPT AS MAY BE EXPRESSLY PERMITTED HEREIN. You may, however, permanently transfer all your rights to use the Software to another individual or legal entity provided that: (a) you also transfer (i) this agreement, (ii) the serial number(s), the Software affixed to medial provided by MetLogix or its authorized distributor, and all other software or hardware bundled, packaged, or pre- installed with the Software, including all copies, Updates, and Prior Versions (as defined in Section 5); (b) you retain no Updates, Prior Versions, or copies, including backups and copies stored on a Computer; and (c) the receiving party accepts the terms and conditions of this agreement and any other terms and conditions under which you purchased a valid license to the Software. NOTWITHSTANDING THE FOREGOING, YOU MAY NOT TRANSFER EDUCATION, PRE-RELEASE, EVALUATION SOFTWARE, OR NOT FOR RESALE COPIES OF THE SOFTWARE OR SOFTWARE OBTAINS UNDER A METLOGIX VOLUME LICENSE PROGRAM EXCEPT AS MAY BE EXPRESSLY PERMITTED BY METLOGIX WITH THE TERMS OF A VOLUME LICENSE PROGRAM. 4.7 No Service Bureau You will not use or offer the Software on a service bureau basis. 4.8 MetLogix M Series Restrictions You may not use MetLogix M Series software on any non-PC device or with any embedded or device version of any operating system. 5. Updates If the Software is an Update to a prior version of MetLogix software (the “Prior Version”), the following apply: Your use of this Update is conditional upon your retention of the Prior Version. Therefore, if you validly transfer this Update pursuant to Section 4.6, you must transfer the Prior Version along with it. If you wish to use this Update in addition to the Prior Version, you may only do so on the same computer on which you have installed and are using the Prior Version. Any obligation that MetLogix may have to support Prior Versions may end upon the availability of this Update. No other use of the Update is permitted. Additional Updates may be licensed to you by MetLogix with additional or different items. 6. Limited Warranty MetLogix warrants to the individual or entity that first purchases a license for the Software for use pursuant to the terms of this agreement that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following receipt of the Software when used on the recommended operating system and hardware configuration. Non-substantial variation of performance from the Documentation does not establish a warranty right. This limited warranty does not apply to the following which are made available “AS-IS” and without warranty from MetLogix: patches, font software; pre-release (beta), trial, starter, evaluation, product sampler, and not for resale (NFR) copies of the Software including but not limited to Evaluation Software. All warranty claims must be made, along with proof of purchase, to MetLogix within such ninety (90) day period. If the Software does not perform substantially in accordance with the Documentation, the entire liability of MetLogix and its affiliates and your exclusive remedy will be limited to either, at MetLogix’ option, replacement of the Software or refund of the license fee you paid for the Software (if any). THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS UNDER LAW WHICH VARY FROM JURISDICTION TO JURISDICTION. METLOGIX DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW.
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