End user agreement for Time Tracker Scheduling Software
LICENSE AGREEMENT, SUPPORT and WARRANTY
The software which accompanies this license (the "Software") is the property of Asgard Systems Incorporated and is protected by copyright law. While Asgard continues to own the Software, you will have certain rights to use the Software after your acceptance of this license. Except as may be modified by a license addendum which accompanies this license, your rights and obligations with respect to the use of this Software are as follows:
(i) use one copy of the Software on a single computer;
(ii) make one copy of the Software for archival purposes, or copy the software onto the hard disk of your computer and retain the original for archival purposes;
(iii) use one copy of the Software on a network with multiple workstations accessing it;
You may not:
(i) copy the documentation which accompanies the Software
(ii) sublicense, rent or lease any portion of the Software;
(ii) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software; or
(iv) use a previous version of the Software in addition to an upgraded version received as a replacement of the prior version. Upon upgrading the Software, all copies of the prior version must be destroyed except for copies retained for archival purposes.
When support is provided, the maximum number of contact persons may be limited to 2 of your personnel. Such a restriction may be applied at the discretion of Asgard Systems Incorporated.
Asgard warrants that the media on which the Software is distributed will be free from defects for a period of sixty (60) days from the date of delivery of the Software to you. Your sole remedy in the event of a breach of this warranty will be that Asgard will, at its option, replace any defective media returned to Asgard within the warranty period or refund the money you paid for the Software, Asgard does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.
THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE /JURISDICTION TO STATE/JURISDICTION.
Disclaimer of Damages:
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL ASGARD BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF ASGARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES/JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO CASE SHALL ASGARD'S LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE. The disclaimers and limitations set forth above will apply regardless of whether you accept the Software.
U.S. Government Restricted Rights:
RESTRICTED RIGHTS LEGEND. 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 clause at 48 CFR 52.227-19, as applicable. Manufacturer is: Asgard Systems Incorporated, 991 King St W.,PO Box 89046, Hamilton Ontario, Canada, L8S 4R5
This agreement will be governed by the laws of the province of Ontario. This Agreement may only be modified by a license addendum which accompanies this license or by a written document which has been signed by both you and Asgard. Should you have any questions concerning this Agreement, or if you desire to contact Asgard for any reason, please write: Asgard Systems Incorporated, 991 King St W.,PO Box 89046, Hamilton Ontario, Canada, L8S 4R5.