End user agreement for FastRequest HelpDesk
FastRequest(R) Version 7.1.0
Copyright (C) 2001-2009 Giram Inc.
All Rights Reserved
Please read the terms and conditions of this license agreement carefully before using the software.
GIRAM INC. and/or its subsidiaries ("GIRAM") is willing to license the software to you as the individual, the company, or the legal entity that will be utilizing the software (referenced below as “you or your”) only on the condition that you accept all of the terms of this license agreement. This is a legal and enforceable contract between you and GIRAM. By clicking on the “AGREE” or “YES” button or otherwise indicating assent electronically, or loading the software, you agree to the terms and conditions of this agreement. If you do not agree to these terms and conditions, click on the “I DO NOT AGREE”, “NO” button or otherwise indicate refusal, make no further use of the software. This a legal agreement between you (either an individual or an entity) and GIRAM (the company).
By installing and/or using the software, you acknowledge that you have read this licence agreement, understand it, and agree to be bound by its terms.
You further agree that it is the full and complete agreements between us, superseding all prior written or verbal agreement of any kind. If you do not agree to the terms of this agreement, you must cease using this product immediately. This Software is owned by GIRAM or its suppliers and is protected by copyright law and international copyright treaty. Therefore, you must treat this Software like any other copyrighted material (e.g., a book), except that you may either make one copy of the Software solely for backup or archival purposes or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.
You may transfer the Software and documentation on a permanent basis provided you retain no copies and the recipient agrees to the terms of this license statement. Except as provided in this statement, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive the Software, media or documentation. You acknowledge that the Software in source code form remains a confidential trade secret of GIRAM and/or its suppliers and therefore you agree not to modify the Software or attempt to decipher, decompile, disassemble or reverse engineer the Software, except to the extent applicable laws specifically prohibit such restriction.
If you have purchased an upgrade version of the Software, it constitutes a single product with the GIRAM software that you upgraded. You may use or transfer the upgrade version of the Software only in accordance with this license statement.
GIRAM warrants that the Software, as updated and when properly used, will perform substantially in accordance with the accompanying documentation, and the Software media will be free from defects in materials and workmanship, for a period of ninety (90) days from the date of receipt. Any implied warranties on the Software are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
GIRAM INC.'s and its suppliers' (FULLDATA) entire liability and your exclusive remedy shall be, at FULLDATA's option, either (a) return of the price paid, or (b) repair or replacement of the Software that does not meet FULLDATA's Limited Warranty and which is returned to FULLDATA with a copy of your receipt. DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED THE FULLDATA CUSTOMER SERVICE DEPARTMENT AND OBTAINED A RETURN AUTHORIZATION NUMBER. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services offered by FULLDATA are available without proof of purchase. DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED THE RQM.COM CUSTOMER SERVICE DEPARTMENT AND OBTAINED A RETURN AUTHORIZATION NUMBER.
This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services offered by RQM.COM are available without proof of purchase.
Disclaimer of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GIRAM AND ITS SUPPLIERS (FULLDATA) DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NONINFRINGEMENT, WITH REGARD TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIRAM OR ITS SUPPLIERS (FULLDATA) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS GIRAM PRODUCT, EVEN IF GIRAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). RQM.COM and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
This statement may only be modified in writing signed by you and an authorized officer of GIRAM/FULLDATA. If any provision of this statement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.
This statement shall be construed, interpreted and governed by the laws of the State of California, United States of America. Otherwise, this Agreement will be governed by the laws of England. This Agreement is the entire agreement between You and GIRAM relating to the Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment or similar communications between the parties.
This Agreement may only be modified by a written document which has been signed by both You and GIRAM. This Agreement shall terminate upon Your breach of any term contained herein and You shall cease use of and destroy all copies of the Software.