End user agreement for AuditWizard
LAYTON TECHNOLOGY END-USER LICENSE AGREEMENT PLEASE READ THIS CAREFULLY BEFORE YOU OPEN THE DISK PACKAGE, OR IF OBTAINED ELECTRONICALLY, BEFORE YOU CONTINUE INSTALLATION. THIS LICENSE AGREEMENT SUPERSEDES THE LICENSE AGREEMENT CONTAINED IN THE SOFTWARE INSTALLATION AND DOCUMENTATION. CAREFULLY READ THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT ("AGREEMENT") BEFORE OPENING THIS PACKAGE. BY OPENING THIS PACKAGE, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS AND CONDITIONS. IF YOU ARE NOT WILLING TO ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD RETURN THIS PACKAGE IN UNOPENED FORM WITHIN 7 DAYS OF RECEIPT FOR A FULL REFUND OF THE LICENSE FEE YOU PAID.
This Software (which term where appropriate shall be deemed to include all materials, associated with the Software including, but not limited to, all documentation, user manuals, training materials, and media) is Copyright (c) 1998 - 2008 by Layton Technology, Inc. All rights are reserved.
Layton Technology, Inc, ("Layton Technology") hereby grants to you, and you accept, a limited non-exclusive license to use the Layton Technology Software Product(s)™ computer software program contained on the enclosed in machine readable, object code form only, along with the accompanying User Manual (collectively, the "Software"), only as authorized in this License agreement. Except for the rights specifically granted in this Agreement, Layton Technology retains all right, title and interest (including without limitation, copyright and other intellectual property rights) in and to the software.
Your organization is licensed to use Layton Technology Software Product(s)™ for the number of PC's or Users specified on your account. The software may be used up to the specified quantity of computer(s) owned, leased, or otherwise controlled by you or by the number of users, as specified in the License. The License only allows the use of one single database which must reside domestically within the country where the license was purchased, unless an International License was purchased. Transferring a license between organizations and countries is prohibited.
The product license you purchased is valid for one year. After the first year we charge a nominal annual support fee to renew the license. We do this for two reasons; 1. To enable us to provide very competitive licensing for our products and 2. The annual support includes technical support and free product updates/upgrades. By ensuring our customers are current with the latest version of our products it significantly reduces costs, which in turn, keeps our licensing fees highly competitive. As a customer you will receive the latest advances in development with the most recent product releases.
Definition of Licenses
This license may be used to audit or manage up to the specified quantity of computer(s) owned, leased, or otherwise controlled by you, but limited to a single building/campus.
Starter Pack/Business Pack/Corporate Pack/Enterprise Pack:
These Licenses may be used to audit or manage the quantity of computer(s) owned, leased, or otherwise controlled by you within the country where the license was purchased and specified in the License Pack. Or for user or operator based licensing, the product may be accessed by the number of users as specified in the License Pack.
You agree that you will not modify, alter, reverse engineer, de-compile or otherwise translate the software. You agree that you will not use the software to provide service bureau or other access and/or use of software to third parties. You agree that you will not display or store the on any web page, or transmit the software electronically via the Internet. You agree that you will not sell, distribute, load, assign, sublicense, pledge, lease, rent, share or other wise transfer the software (or any copy thereof) or your rights and obligations under this agreement.
You may make a single copy of the software solely for backup and archival purposes, provided that such a copy contains all of the original Software Copyright information and other proprietary notices.
5. Terms; Termination
This license agreement is effective upon your opening of this package and shall continue until terminated. You may terminate this license agreement at any time by destroying the software (and all copies thereof) and erasing any copies residing on computer equipment. In addition, this agreement shall be terminated automatically if you fail to comply with any of the terms and conditions of this Agreement. Upon such termination, you agree to destroy the software (and all of its copies thereof) and erase any copies residing on computer equipment. Layton Technology reserves the right to change this EULA at any time.
For a current copy of the EULA visit www.laytontechnology.com .
6. Limited Warranty/Remedy
Layton Technology warrants for your benefit alone, for a period of 14 days from the date of your receipt of the software (the "Warranty Period") that (i) the disk in which the software is contained is free from defects in material and workmanship, and (ii) the software will operate substantially in accordance with material functional specifications in the User's Manual. Layton Technology's entire liability and your sole and exclusive remedy for any breach of this limited warranty shall be, at Layton Technology's option, either (a) return of the license fee you paid,
or (b) repair or replacement of the software; provided that you return the software to Layton Technology within the warranty period along with a detailed description of the problem encountered. The limited warranty provided in this section shall be void if the problem encountered has resulted from improper use, neglect, abuse, accident or unauthorized modification.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS SECTION, THE SOFTWARE IS LICENSED "AS IS" AND LAYTON TECHNOLOGY DISCLAIMS ANY AND ALL OTHER WARRANTIES WITH REGARDS TO THE SOFTWARE (WHETHER EXPRESS OR IMPLIED), INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT OR TITLE, OR ANY WARRANTY OF THE QUALITY FUNCTIONALITY, OPERABILITY, USE OR PERFORMANCE OF THE SOFTWARE.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER TORT, CONTRACT OR OTHERWISE) SHALL LAYTON TECHNOLOGY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS GOODWILL OR INFORMATION, OR ANY OTHER PECUNIARY LOSS OF DAMAGE) ARISING OUT OF OR RELATING TO THE SOFTWARE (INCLUDING WITHOUT LIMITATION USE OR INABILITY TO USE THE SOFTWARE), EVEN IF LAYTON TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER NO CIRCUMSTANCES SHALL LAYTON TECHNOLOGY`S CUMULATIVE LIABILITY TO YOU EXCEED THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE.
END USER LICENSE AGREEMENT
Some jurisdictions do not allow the limited warranty and remedy provisions described in section 6, or the limitation provisions described in section 7, so those limitations may not apply to you. This Agreement gives you specific legal rights and you may also have different or additional legal rights, depending on the applicable law in your jurisdiction.
The software is provided to the U.S. government only with restricted and limited rights. Use, duplications, or disclosure by the Government is subject to restrictions set forth in FAR sections 52-227-14 and 52-227-19 or DFARS Section 52.227-7013 (c)(l)(ii), as applicable. Manufacturer is:
Layton Technology Inc,
3710 Corporex Park Drive, Suite 100,
Tampa FL 33619
10. Governing Law
This agreement and any dispute or controversy arising out of or relating thereto shall in all respects be governed by and construed in the accordance with the laws of the State of Florida, excluding its conflicts of laws principles.