End user agreement for NetStafTrakr
Data Management Assistance Corporation
Software End-User License
The Data Management Assistance Corporation (DMAC) software contained herein is licensed in accordance with the following terms and conditions. If you do not agree to these terms and conditions, select "No, I do not" below and this installation will terminate. If you agree to these terms and conditions, select "Yes, I do" below and the installation will continue.
DMAC grants you a non-exclusive, non-transferable license to use the enclosed DMAC software for a trial period solely for your own internal needs on the computer, local area network, or wide area network on which this installation is being executed. Upon payment of the required amount, DMAC grants you a non-exclusive, non-transferable license to use the enclosed DMAC software for the time period (normally unlimited) specified with the payment transaction subject to the constraints of this license. You assume entire responsibility for the selection of DMAC software to achieve your intended results and for the installation, use and results obtained from DMAC software. Neither the
license granted under this Agreement nor the DMAC software to which it applies may be assigned, sublicensed or otherwise transferred by you without the prior written consent of DMAC.
OWNERSHIP AND SECURITY
DMAC is the sole owner and developer, as well as the authorized distributor of DMAC software. All right, title and interest in DMAC software, wherever resident and on whatever media, as well as DMAC manuals shall remain with DMAC. You expressly agree to take all reasonable steps necessary to protect the proprietary nature of DMAC
software against any unauthorized use and disclosure. You further agree not to remove or modify any trademarks, proprietary legends or copyright notices for DMAC software and manuals.
RESTRICTIONS ON COPYING, MODIFICATION AND USE
You agree not to copy, modify, enhance or translate DMAC software or manuals without the prior written consent of DMAC. You further agree not to disclose, publish, transfer, translate, release or otherwise make available DMAC software or manuals, in any form, to any entity, without the prior written consent of DMAC.
DMAC SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DMAC DOES NOT WARRANT THE FUNCTION CONTAINED IN DMAC SOFTWARE WILL BY UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF DMAC IS WITH YOU. SHOULD DMAC SOFTWARE PROVE DEFECTIVE, YOU, AND NOT DMAC, ITS SUPPLIERS, DISTRIBUTORS OR DEALERS, ASSUME THE ENTIRE COST OF NECESSARY SERVICING, REPAIR OR CORRECTION. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MANY ALSO HAVE OTHER
RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
In no event will DMAC be liable to you for any damages, including any lost profits, lost savings or other direct, indirect, incidental or consequential damages arising from the use of, inability to use or the result of using DMAC software, even if DMAC has been advised of the possibility of such damages or any claim by any party. Some states do not allow the exclusion or limitation of liability for incidental or consequential damages in certain circumstances so this limitation may not apply to you.
This license is effective for a period of time upon your installation of this evaluation version of the software and shall automatically terminate if you breach any of the terms and conditions herein. Upon such breach, you shall destroy all copies of DMAC software and manuals in whatever form and media and discontinue using DMAC software. Upon payment of the appropriate amount to DMAC, the license period may be extended (normally unlimited) for the time period specified in the payment transaction.
You agree to pay any tax assessed upon DMAC software, this license or the use of same. You acknowledge that you have read and understand this software license agreement and agree to be bound by its terms and conditions. Furthermore, you agree that this agreement expresses the entire agreement between you and DMAC and supersedes any prior communications, oral or written, relating to the subject matter hereof.