End user agreement for TargetExpress
End-User License Agreement for TargetExpress
Copyright (c) 2001 - 2006 MCW Technologies, Inc.
All Rights Reserved.
AGREEMENT. After reading this agreement carefully, if you do not agree to all of the terms of this agreement, you may not use this software.
This software is owned by MCW Technologies Inc. and is protected by national copyright laws and international copyright treaties.
1. GRANT OF LICENSE AND PROHIBITIONS. This software is licensed to you. You are not obtaining title to the software or any copyrights. You may not sublicense, rent, lease, convey, modify, translate, convert to another programming language, decompile, or disassemble the software for any purpose. The license may be transferred to another if you keep no copies of the software. Permission must be obtained before mirroring or redistributing the evaluation copies of the software. The Registration Number may not be distributed in human-readable form, disclosed physically, electronically, or verbally to any third party, or distributed in any other form. Disclosure or improper distribution of the Registration Number would allow the unauthorized use of TargetExpress by others, and is legally equivalent to the unauthorized distribution of TargetExpress.
2. USE AND EVALUATION PERIOD. You may use one copy of this software on one client computer. A copy of this software is considered in use when loaded into temporary memory (i.e., RAM) and/or installed on a permanent storage device (i.e., hard disk, CD-ROM, etc. You may also use a copy of the software on a home or portable computer, provided only one copy of the software is in use at a time. You may use an evaluation copy of the software for only fourteen (14) days in order to determine whether to purchase the software.
3. MULTI-COMPUTER/NETWORK LICENSES. If this is a multi-computer or network license, you may make, install, and use additional copies of the software up to the number of copies authorized in your registration documentation.
4. LIMITED WARRANTY. THE SOFTWARE IS PROVIDED AS IS AND MCW TECHNOLOGIES, INC. DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER MCW TECHNOLOGIES, INC. NOR ANYONE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE EVEN IF MCW TECHNOLOGIES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL MCW TECHNOLOGIES, INC'S LIABILITY FOR ANY DAMAGES EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
5. TERMINATION. This agreement terminates, you lose all rights licensed to you, and you must stop use of the software if you a) violate the terms of this agreement or b) you do not pay the license fee before the end of the evaluation period.
6. GOVERNING LAW. The agreement shall be governed by the laws of the State of North Carolina. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a state or federal court of competent jurisdiction located in Gaston County, North Carolina. The parties hereby consent to the personal jurisdiction of such courts.
7. U.S. GOVERNMENT RESTRICTED RIGHTS. This software is provided with RESTRICTED RIGHTS. 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:
MCW Technologies Inc.
4617 Country Meadows Dr.
Gastonia, NC 28056