End user agreement for KidsWatch Time Control Standard
WARNING - KidsWatch - Time Control IS COPYRIGHTED AND Computer Business Solutions, Inc. CLAIMS ALL EXCLUSIVE RIGHTS TO SUCH SOFTWARE, EXCEPT AS LICENSED TO USERS HEREUNDER AND SUBJECT TO STRICT COMPLIANCE WITH THE TERMS OF THIS LICENSE.
BY OPENING THE PACKAGING OR BREAKING THE SEAL TO THIS SOFTWARE AND INSTALLING KIDSWATCH TIME CONTROL, YOU SIGNIFY YOUR ACCEPTANCE OF EACH AND EVERY TERM AND CONDITION SET FORTH IN THIS LICENSE AGREEMENT. THE LICENSE GRANTED UNDER THIS LICENSE AGREEMENT IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL TERMS AND CONDITIONS SET FORTH IN THIS LICENSE AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS LICENSE AGREEMENT OR DO NOT WISH TO COMPLY WITH ANY TERM OR CONDITION SET FORTH HEREIN, YOU SHOULD REFRAIN FROM INSTALLING THE PRODUCT AND IMMEDIATELY RETURN THE SAME TO COMPUTER BUSINESS SOLUTIONS, INC.. ONCE THE SEAL IS BROKEN AND THE PRODUCT HAS BEEN INSTALLED, THE TERMS HEREOF WILL BE DEEMED TO HAVE BEEN ACCEPTED BY YOU AND YOU WILL BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND RESTRICTIONS CONTAINED HEREIN.
We do not make any warranties relative to KidsWatch - Time Control licensed hereunder, including but not limited warranties of merchantability or fitness for a particular purpose. You are responsible for selecting the software that will best achieve your objectives and needs. See our full warranty disclaimers below for additional information.
Additional terms and conditions of this License are as follows:
1. Limitation On Use and Copying. You are hereby notified that KidsWatch - Time Control is the copyrighted work of Computer Business Solutions, Inc. Computer Business Solutions, Inc. asserts all copyrights and other proprietary rights in and to such items. Use of KidsWatch - Time Control is governed by and subject to the terms of this License Agreement. Except as specifically provided in this License, you may not in any way copy, modify, transfer, convey, reproduce, merge into other programs, or transmit, in whole or part, KidsWatch - Time Control or any portion thereof. KidsWatch - Time Control is licensed only for the use of the user and only in compliance with all terms, conditions, and limitations contained in this License. Any, use, adaptation, modification, publication, reproduction, redistribution or any other action that is in violation of the copyright owner's exclusive rights under the United States Copyright Act and which is beyond the scope of the rights granted in this License Agreement will constitute an infringement upon the rights of Computer Business Solutions, Inc.'s copyright and is punishable under the United States Copyright Act.
2. Single CPU. You are licensed to use KidsWatch - Time Control only on a single microcomputer installation. In the event you intend to use KidsWatch - Time Control or any part thereof on more than one microcomputer, the license fee for each such multiple use must be purchased. In the event of simultaneous use, a license must be obtained for each instance of possible simultaneous execution. You may make archival copies of those portions of Software that are provided on a machine readable media, provided such copies are for your personal use on one microcomputer and that no more than one such copy is used at any time.
3. License Transfer. You may transfer the rights granted hereunder provided that you give up all rights hereunder and discontinue all use of KidsWatch - Time Control and remove such Software from all readable devices, hard drives, discs, and other media. Your right and ability to transfer KidsWatch - Time Control to another party is conditioned upon (i) the other party agreeing in writing to accept all of the terms and conditions of this License, (ii) you either transferring all copies in printed or machine-readable form to the acquiring party or destroying any copies not transferred; this includes all modifications and portions of PROGRAM contained or merged into other programs, and (iii) notifying us in writing of the transfer and the identity, name and full address of the party that acquired the rights hereunder.
4. Term and Termination. The term of this License shall be perpetual unless sooner terminated pursuant to the terms hereof. This License shall automatically terminate upon your failure to comply with any term, restriction or condition set forth herein. You may terminate this License by discarding and destroying KidsWatch - Time Control including but not limited to the installed copy on your CPU and any backup copies. Upon termination of this License for any reason, you shall have no further right or license to use KidsWatch - Time Control, shall immediately discontinue your use of KidsWatch - Time Control and destroy any and all copies of KidsWatch - Time Control, including any installed and backup copies.
5. Warranty Disclaimers.
KidsWatch - Time Control is provided and accepted by you on an "AS IS" basis and without warranty of any nature or type, express or implied. Computer Business Solutions, Inc. makes no express or implied warranty that KidsWatch - Time Control will operate without interruption or error. The sole and exclusive warranty made by Computer Business Solutions, Inc. is that the medium (CD) upon which KidsWatch - Time Control is transported to the Licensee shall be free of defects in workmanship so that it will permit the Licensee to install KidsWatch - Time Control on a single CPU for a period of sixty (60) days from the date of purchase. Upon the expiration of 60 days from the date of purchase, such warranty shall expire. In order to invoke this warranty, Licensee shall notify Computer Business Solutions, Inc. in writing of the defect, which writing shall be received by Computer Business Solutions, Inc. within such 60 day warranty period, time being of the essence of this requirement. The sole remedy for this warranty is that Computer Business Solutions, Inc. shall provide a new replacement CD or other medium which is free of workmanship errors. If a replacement CD cannot be provided within 60 days after written request is received by Computer Business Solutions, Inc., the Licensee may terminate this license as it sole and exclusive remedy, and receive reimbursement of any License fee paid, up to the normal retail list price for KidsWatch - Time Control.
COMPUTER BUSINESS SOLUTIONS, INC. HEREBY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO SOFTWARE EXCEPT FOR SPECIFIC WARRANTIES THAT ARE EXPRESSLY PROVIDED IN THE TERMS OF THE APPLICABLE LICENSE AGREEMENT. COMPUTER BUSINESS SOLUTIONS, INC. HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND OWNERSHIP OF KIDSWATCH - TIME CONTROL AND NONINFRINGMENT UPON THE RIGHTS OF ANY OTHER PARTY. THE ENTIRE RISK OF AS TO FUNCTIONAILITY, OPERATION AND FUNCTIONALITY OF KIDSWATCH - TIME CONTROL IS WITH THE LICENSEE AND COMPUTER BUSINESS SOLUTIONS, INC. ASSUMES NO RISK OR OBLIGATION IN CONNECTION THEREWITH.
IN NO EVENT SHALL COMPUTER BUSINESS SOLUTIONS, INC. BE LIABLE FOR OR RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUNETIAL DAMAGES OR INJURIES. THE MAXIMUM POSSIBLE LIABLILITY OF COMPUTER BUSINESS SOLUTIONS, INC. SHALL NOT EXCEED THE LESSOR OF THE FULL RETAIL COST OF KIDSWATCH - TIME CONTROL OR THE AMOUNT THAT THE LICENSEE PAID FOR SUCH LICENSE, EXCLUDING SALES TAX.
RESTRICTED RIGHTS LEGEND FOR GOVERNMENTAL USE. Any Software that is downloaded through accessing this web site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. 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 terms of this License supercede any and all prior understandings, representations, warranties, sales claims, advertised offers, or other understandings with respect to KidsWatch - Time Control or the terms of this License.
6. By opening the packaging and installing KidsWatch - Time Control on your CPU, you acknowledge that you have read and understand the terms and conditions of this License and agree to abide by all of the terms and conditions set forth herein.