End user agreement for Versomatic for Windows
THIS IS A CONTRACT. INSTALLING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. DO NOT INSTALL THE SOFTWARE IF YOU DO NOT AGREE WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
PLESE READ THE ENTIRE AGREEMENT BEFORE CONTINUING.
(a) "Acertant" means Acertant Technologies, Inc. a Florida Corporation.
(b) "Software" means the software program you are installing.
(c) "Product" means all Software, documentation, help files, and other accessories included in the package as well as all future related updates which may be supplied by Acertant.
2. LICENSE - Acertant grants to you and you hereby accept a non-exclusive license to use the Product and all related materials delivered with this AGREEMENT as follows:
(a) PAID FULL LICENSE – Only applies after purchase of a license from Acertant or an authorized reseller: (i) The Software may be installed in one computer and may be used by more than one person on that computer; however, in no event shall two or more persons use the Software at the same time. (ii) You may make (1) one copy of the Software Installer, in machine readable form, for archival backup purposes only. All copyright notices must remain in the copy at all times. (iii) You are not allowed to share or sell copies of License Codes, License Certificates or Serial Numbers or make any of these available to others via any means whatsoever. (iv) Your license to USE the product is non-transferable without the express written permission of Acertant.
(b) UNPAID TIME-LIMITED TRIAL EVALUATION ("TRIAL") LICENSE – Only applies if a trial period is offered for the product. (i) For the duration of the Trial the software may be installed in one computer and may be used by more than one person on that computer; however, in no event shall two or more persons use the Software at the same time using the same Activation Code. (ii) Trial licenses and activation codes are non-transferable. (iii) You may share the evaluation software installer in its original form with friends and associates personally known to you wishing to evaluate the product but you may not distribute or share your Trial Activation Code with anyone. Mass distribution by any means is prohibited without the express written permission of Acertant.
(c) UNPAID FEATURE LIMITED "DEMO" LICENSE - (i) At the end of the Trial period, or when the Software is installed without a License Code or Activation Code, Serial Number, or Trial Unlock Code, the software may, at Acertant’s sole discretion, operate in a state of limited-functionality. (ii) For the duration of the Demo period, the software may be installed in one computer and may be used by more than one person on that computer. (iii) You may share the evaluation software installer in its original form with friends and associates personally known to you wishing to evaluate the product but you may not distribute or share your Trial Activation Code with anyone. Mass distribution by any means is prohibited without the express written permission of Acertant.
(a) You may not distribute copies of the Product via the internet or any other mass distribution method without the express written permission of Acertant. You should be aware that it is unlawful to copy, reproduce, or transmit any part of the Product in any form or by any means (including translation to another language, computer language, or format) except as permitted by the Copyright Act of the United States (Title 17, United States Code). You are permitted to write the contents of the Software into the machine memory of your computer so that the software can be executed.
(b) You are not permitted to give, lend, or distribute the Product serial number or Activation Code to any individual or group via any means.
(c) You may not install this program on a network server nor lend usage of a copy of this software with metering software unless a copy of this software is owned for each user on that network or each computer connected to that network.
(d) In order to protect Acertant trade secrets contained therein which may be revealed by such action, you may not reverse engineer, decompile, disassemble or otherwise reduce the Software to any human readable or perceivable form.
(e) You may not modify, rent, resell for profit, distribute or create derivative works based on the Software or any part thereof.
(f) You agree not to export or re-export the Product into any country prohibited by the United States Export Administration Act.
4. SUPPLEMENTARY LICENSES - If you wish to enter into a special use, volume or concurrent-use license agreement please contact Acertant.
5. TERMINATION - Any failure to comply with the terms and conditions of this Agreement will result in automatic termination of this license. Upon termination of this license for any reason, you agree to destroy all copies of the Product.
6. SOFTWARE UPDATES - Acertant may from time to time, at its own discretion, provide you with updates to the Product. Acertant reserves the right to provide these updates for a fee. You may refuse to accept the updates. By accepting the updates, you agree to destroy all prior copies and versions of the Software.
7. OWNERSHIP - This license gives you limited rights to use the Software. Although you may own any physical media on which these are recorded, you are never the owner of the Software to which Acertant and/or its licensors retain all title to. All rights not specifically granted herein, including but not limited to Federal and International Copyrights are reserved worldwide by Acertant.
8. LIMITED WARRANTY AND DISCLAIMER, LIMITATION OF REMEDIES AND DAMAGES - You hereby acknowledge that you are solely responsible for selecting the Product and that the Product may not satisfy all your requirements or be free from defects. Acertant specifically does not warrant that the Software will operate uninterrupted or error free. You therefore agree to license the Product "AS IS."
Acertant reserves the right to revise the Product at its own discretion and without obligation to notify any person of such revision.
In no event shall Acertant or its developers, directors, officers, employees or affiliates be liable to you for any indirect, special, incidental, or consequential damages (including damages for loss of business profits or goodwill, business interruption or loss of business information), resulting from any defect in the Product whether foreseeable or not, arising out of the use or inability to use the Product. Acertant's liability to you or others for actual damages for any cause whatsoever, will in no event exceed the lesser of US $250 or the amount paid by you for the Product that caused the damages. In particular, Acertant shall have no liability for any data stored in or used with Acertant Products, including the cost of recovering such data.
EXCEPT AS SPECIFICALLY STATED HEREIN, Acertant MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SOFTWARE, INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR IMPLIED. IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED TO NINETY DAYS (90) FROM THE DATE OF DELIVERY. No Acertant dealer, agent, or employee is authorized to make any modification, extension, or addition to this warranty.
Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state.
9. U.S. GOVERNMENT RESTRICTED RIGHTS - This Acertant Product is "Restricted Computer Software." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. The manufacturer is Acertant Technologies, Inc., 5201 Blue Lagoon Drive, Penthouse Floor, Miami, Florida 33126.
10. GENERAL - This agreement shall be governed by the laws of the State of Florida. This document contains the entire agreement between you and Acertant with respect to the subject matter hereof and supersedes all prior agreements between you and Acertant. All questions concerning this agreement should be sent to: Acertant Technologies, Inc., Attn. CFO, 1172 South Dixie Hwy, #613, Coral Gables, FL 33146.
LICENSES, TRADEMARKS AND COPYRIGHTS
The Software was designed, programmed and is Copyright (c) 2007 Acertant Technologies, Inc. All Rights Reserved Worldwide. Acertant, Versomatic, TuneRanger, SyncWrangler, and DupBuster are trademarks of Acertant Technologies, Inc. and may be registered in certain jurisdictions.
All other trademarks referenced within the Product are the property of their respective owners.
Copyright © 2007 Acertant Technologies, Inc.