Focus3 License Agreement



PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. 

BY USING THE SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS 

OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS 

LICENSE YOU MAY NOT USE THE SOFTWARE.



1. License. The Xtras, demonstration, and other software 

accompanying this License, whether on disk, in read-only memory, 

or on any other media (the "Software") and the related 

documentation are licensed to you by Focus3. You own the media 

on which the Software and documentation are recorded, but 

Focus3 retains title to the Software and related documentation. 

You may also transfer all your license rights in the Software, 

the backup copy of the Software, the related documentation and 

a copy of this License to another party, provided the other 

party reads and agrees to accept the terms and conditions of 

this License.  



You may distribute the Software provided it is accompanied by a 

copy of this License and the related documentation and that the 

distribution is free of charge.



2. Restrictions. The Software contains copyrighted material, 

trade secrets and other proprietary material. In order to 

protect them, and except as permitted by applicable legislation, 

you may not decompile, reverse-engineer, disassemble or 

otherwise reduce the software to a human-perceivable form. You 

may not modify, rent or lease the Software in whole or in part. 

You may use the Software for personal uses or for purposes of 

evaluation only. You may not use the Software for commercial 

purposes or for inclusion within a distributed product. 

 

3. This License is effective until termination. You may terminate 

this License at any time by destroying the Software, related 

documentation, and all copies thereof. This License will 

terminate immediately and without notice from Focus3 if you fail 

to comply with any provision of the License. Upon termination, 

you must destroy the Software, related documentation and all 

copies thereof.



4. Disclaimer of Warranty on Focus3 Software. You expressly 

acknowledge and agree that use of the Software is at your sole 

risk. Except as stated above, the Software and related 

documentation are provided "AS IS" and without warranty of any 

kind and Focus3 EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, 

EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED 

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR 

PURPOSE. FOCUS3 DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED 

IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE 

OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, 

OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, 

FOCUS3 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING 

THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE AND RELATED 

DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, 

RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR 

ADVICE GIVEN BY FOCUS3 OR AN AUTHORIZED REPRESENTATIVE SHALL 

CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS 

WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT 

FOCUS3 OR ANY FOCUS3 AUTHORIZED REPRESENTATIVE) ASSUME THE 

ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED 

WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.



5. Limitation of liability. UNDER NO CIRCUMSTANCES INCLUDING 

NEGLIGENCE, SHALL FOCUS3 BE LIABLE FOR ANY INCIDENTAL, SPECIAL 

OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY 

TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF FOCUS3 

OR A FOCUS3 AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE 

POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW 

THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR 

CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY 

TO YOU.



In no event shall Focus3's total liability to you for all 

damages, losses, and causes of action (whether in contract, 

tort (including negligence) or otherwise) exceed that portion 

of the amount paid by you which is fairly attributable to the 

Software.



6. Controlling Law and Severability. This License shall be 

governed by and construed in accordance with the laws of the 

United States and the State of California, as applied to 

agreements entered into and to be performed entirely within 

California between California residents. If for any reason a 

court of competent jurisdiction finds any provision of this 

License, or portions thereof, to be unenforceable, that 

provision of the License shall be enforced to the maximum 

extent permissible so as to effect the intent of the parties, 

and the remainder of this License shall continue in full force 

and effect.



7. Complete Agreement. This License constitutes the entire 

agreement between the parties with respect to the use of the 

Software and the related documentation, and supersedes all 

prior or contemporaneous understandings or agreements, 

written or oral, regarding such subject matter. No amendment

to or modification of this License will be binding unless in 

writing and signed by a duly authorized representative of 

Focus3.