End user agreement for TimeCalc ET Professional
SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY CLICKING ON THE "ACCEPT" BUTTON ON THE INSTALLATION SOFTWARE, OPENING THE PACKAGE, OR DOWNLOADING THE PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "CANCEL" BUTTON ON THE INSTALLATION SOFTWARE AND THE INSTALLATION PROCESS WILL NOT CONTINUE.
This software may be installed on any number of computers in its default "demonstration" mode. This agreement specifically prohibits
a) The transfer or disclosure of a purchased license key to any other entity; or
b) Any modification of the software or any attempt to defeat the license key mechanism which is used to protect and meter the usage of this software.
Multiple-Users License Grant: ProSystems, Inc. ("PROSYSTEMS") and its suppliers grant to Customer ("Customer") a nonexclusive and nontransferable license to use the PROSYSTEMS software ("Software") in object code form:
(i) installed in a single location on a hard disk or other storage device for the use at most, the number of employees employed or leased by Customer for which Customer has paid a license fee (PERMITTED NUMBER OF EMPLOYEES); or
(ii) provided the Software is configured for network use, installed on a single file server for use on a single local area network for either (but not both) of the following purposes:
(a) permanent installation onto a hard disk or other storage device of up to the PERMITTED NUMBER OF EMPLOYEES; or
(b) use of the Software over such network, provided the number of active employees (those employees not considered as dormant within the software database) does not exceed the PERMITTED NUMBER OF EMPLOYEES. Customer may only use the programs contained in the Software --
(i) for which Customer has paid a license fee (or in the case of an evaluation copy, those programs Customer is authorized to evaluate), or
(ii) for which Customer has received a product registration key.
Customer may make one (1) archival copy of the Software provided Customer affixes to such copy all copyright, confidentiality, and proprietary notices that appear on the original.
EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY, IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE.
Customer agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of PROSYSTEMS. Customer agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of PROSYSTEMS. Customer agrees to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall remain solely with PROSYSTEMS.
LIMITED WARRANTY. PROSYSTEMS warrants that for a period of ninety (90) days from the date of shipment from PROSYSTEMS
(i) the media on which the Software is furnished (if any) will be free of defects in materials and workmanship under normal use; and
(ii) the Software substantially conforms to its published specifications.
Except for the foregoing, the Software is provided AS IS.
This limited warranty extends only to Customer as the original licensee. Customer's exclusive remedy and the entire liability of PROSYSTEMS, and its suppliers under this limited warranty will be, at PROSYSTEMS option, repair, replacement, or refund of the original purchase price of Software if reported (or, upon request, returned) to PROSYSTEMS.
In no event does PROSYSTEMS warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions.
This warranty does not apply if the software --
(a) has been altered, except by PROSYSTEMS,
(b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by PROSYSTEMS,
(c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or
(d) is used in ultrahazardous activities.
DISCLAIMER. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
IN NO EVENT WILL PROSYSTEMS OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF PROSYSTEMS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall PROSYSTEMS' or its suppliers' liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose.
SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
The above warranty DOES NOT apply to any beta software, any software made available for testing, demonstration, or evaluation purposes, any temporary software modules or any software for which PROSYSTEMS does not receive a full license fee. All such software products are provided AS IS without any warranty whatsoever.
This License is effective until terminated. Customer may terminate this License at any time by destroying all copies of Software including any documentation. This License will terminate immediately without notice from PROSYSTEMS if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy and may not transfer to third parties all copies of Software.
Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software.
This License shall be governed by and construed in accordance with the laws of the State of Arkansas, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect. This License constitutes the entire License between the parties with respect to the use of the Software.
Manufacturer is ProSystems, Inc., P. O. Box 20948, Hot Springs, Arkansas 71903.