End user agreement for GXS Timer
End User License Agreement
The term "mobile device" as used in this document refers to any computing device that operates using a version of the Microsoft Windows CE Operating System.
This license applies to the GXS Timer software product.
By installing the software, you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, promptly exit the setup program and dslete all accompanying items (including written documentation) which you obtain.
COPYRIGHT. The SOFTWARE including source code, documentation, design, and structure is the proprietary property of GXS Software. and is protected by copyright laws and international treaty provisions. Title to the Program, or any copy, modification or merged portion of the Program, shall at all times remain with GXS Software. Therefore, you must treat the software like any other copyrighted material except that you may :
1. Make one copy of the SOFTWARE solely for backup or archival purposes,
2. Transfer the SOFTWARE to a single hard disk or other memory device provided you keep the original solely for backup or archival purposes,
3. Transfer the SOFTWARE to a single system, which includes a host computer with a hard disk and one mobile device, provided you keep the original solely for backup or archival purposes. The backup copy must include all copyright information contained in the original. You may not copy the written materials accompanying the SOFTWARE.
4. This licence grants you the right to install and use the software on a single mobile device at a time. To use the software on multiple mobile devices at the same time, you need to purchase one copy of the software for each mobile device.
You may not:
1. Transfer or rent the Program or use, copy, modify, distribute the Program in whole or part, except as expressly permitted in this agreement.
2. Unassemble or otherwise reverse engineer the Program.
If you do any of the foregoing, your rights under this license will automatically terminate. Such termination shall be in addition and not in lieu of any criminal, civil or other remedies available to GXS Software.
Except as specifically stated in this agreement, the Program is provided and licensed "as is" without warranty of any kind, either express or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. GXS Software warrants that the Program will substantially perform the functions or generally conform to the Program's specifications published by GXS Software and included in this package.
GXS Software does not warrant that the functions contained in the Program will meet your requirements or that the operation of the Program will be entirely error free or appear precisely as described in the Program documentation.
LIMITATION OF REMEDIES AND LIABILITY
To the maximum extent permitted by applicable law, the remedies described below are accepted by you as your only remedies. GXS Software's entire liability and your exclusive remedies shall be:
A) If the Program does not substantially perform the functions or generally conform to the Program's specifications published by GSX Software, you may within 30 days of delivery write to GXS Software to report a significant defect. If GXS Software is unable to correct the defect within 90 days of receiving your report, you may terminate your license and this agreement by returning the Program with the original receipt and your money will be refunded.
To the maximum extent permitted by applicable law, in no event will GXS Software be liable to you for any damages, including lost profits, lost savings, or other incidental or consequential damages, arising out of the use or inability to use the Program, even if GXS Software or a dealer authorized by GXS Software had been advised of the possibility of such damages. In any case GXS Software's entire liability under any provision of this Agreement shall be limited to the amount actually paid by you for the Software. These limitations do not apply to any liabilities that cannot be excluded or limited by applicable laws.
GXS Software does not guarantee the functionality of the Program for use under every possible configuration. If any provision of this agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby.
Any questions concerning this agreement should be made in writing to GXS Software, email@example.com