End user agreement for FileMaker Resource Scheduler for Windows
THE USE OF WE, US, OR AUTHOR REFERENCES FILEMAKER SERVICES LTD.
This is the End User License Agreement (EULA) required for this software.
DISCLAIMER: FILEMAKER SERVICES LTD MAKES NO GUARANTEES OF ANY KIND WITH REGARD TO ANY PROGRAMS, FILES OR ANY OTHER MATERIALS CONTAINED ON OR DOWNLOADED FROM THIS, OR ANY OTHER, FILEMAKER SERVICES LTD APPLICATIONS OR WEB SITES. ALL SUCH PROGRAMS, FILES AND OTHER MATERIALS ARE SUPPLIED "AS IS". FILEMAKER SERVICES LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FILEMAKER SERVICES LTD SHALL NOT BE HELD LIABLE FOR ERRORS CONTAINED HEREIN, OR FOR LOST PROFITS, LOST OPPORTUNITIES, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCURRED AS A RESULT OF ACTING ON INFORMATION, OR THE OPERATION OF ANY INFORMATION, INCLUDED IN THIS APPLICATION.
FILEMAKER SERVICES LTD USER AGREEMENT
ATTENTION: You should read the following terms and conditions carefully before using this software. Your use of this software indicates your full acceptance of this license agreement and warranty. FileMaker Services is a division of COMPUTECH IT SERVICES LTD.
This legal document is an agreement between you, the end user of the application, and FILEMAKER SERVICES LTD, (and/or its third party suppliers), the owner(s) of the application.
Now following are the terms of the user agreement between you and FILEMAKER SERVICES LTD:
Ownership and Copyright: This application is owned by FILEMAKER SERVICES LTD (or its third party agreed suppliers). FILEMAKER SERVICES LTD or its third party suppliers shall at all times retain ownership of the application and all subsequent copies thereof regardless of form. If this application is reproduced in any format what so ever, it must include the license agreement.
You are permitted to: (1) use one version of the software ("use" shall mean one installation of the application if single-user; or (n) installations, with n being the number of licenses purchased); (2) make a reasonable number of uses of the application in support of the permitted use; (3) transfer the usage and the benefit of this Agreement to another person, provided that this person has agreed to accept the terms of this Agreement and you transfer all copies of the program information you have made to that person or destroy all copies not transferred. If any transferee does not accept such terms then this Agreement automatically terminates. The Scheduler logo and help file are Copyright of FileMaker Services Ltd.
You are not permitted to: (1) rent, lease, sub-license, loan, copy, modify, adapt, merge, translate, reverse-engineer, decompile, disassemble or create derivative works based on the whole or any part of the application or its related documentation or use, except as expressly permitted by this Agreement and save to the extent and in the circumstances expressly permitted by law; (2) reproduce or deal in the application or any part thereof in any way, except as expressly permitted by this Agreement and save to the extent and in the circumstances expressly permitted by law; (3) Attempt a higher volume than deemed to be sufficient of online registrations or activations during a specific period. (4) Transfer the license beyond a sufficient number of transfers during a specific period. If abuse is detected, we will warn the licensee prior to the next step of terminating the license agreement (subject to special circumstances deemed special by FileMaker Services LTD).
Term: This Agreement is effective until you terminate it by destroying/uninstalling the application and its documentation together with all copies. It will also terminate if you fail to abide by its terms. Upon termination you agree to destroy all copies of the program information and its documentation including any information stored on the hard disk of any computer under your control.
Transferring: (1) when transferring a license (if applicable), you agree that you must click on the "Transfer License" option in the file menu, and then completely uninstall this software from the installed computer. Simply uninstalling the software does not warrant transferring the license.
Warranties: You are responsible for choosing, maintaining and matching the hardware and software components of the respective computer system. This application is provided to you strictly "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.
You will load and use the application at your own risk. In no event shall FileMaker Services Ltd (or its third party suppliers) be held liable to you for any loss or damage, or incidental or consequential loss or damages arising out of any action, from whatever source, concerning your use of or inability to use the application, or errors or deficiencies in it, whether caused by negligence or otherwise, except as expressly provided herein. In no event shall FILEMAKER SERVICES LTD, FILEMAKER SERVICES LTD's subsidiaries, their distributors or dealers, be held liable for any defects in the application, whether or not covered by the above warranties.
The express terms of this Agreement are in lieu of all warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law. These terms represent your sole remedies. Third Party Beneficiary: The provisions of this Agreement, in so far as it relates to FILEMAKER SERVICES LTDs third party suppliers, are directly enforceable by FILEMAKER SERVICES LTD's third party suppliers.
Concerning any contradiction of this agreement, by installing Scheduler, you are agreeing that FileMaker Services Ltd, its author or any third party companies have no liability what so ever with actions that you, as the user, undertake. Any conflicts Scheduler may cause have to be reported immediately and any reasonable amendments are given 60 days notice for the author to complete to the best of their ability.
Law: This Agreement is governed exclusively by International Law. All disputes between the parties which may arise from this Agreement will be resolved exclusively by a Court in ENGLAND.
FileMaker Services Ltd has NO control over websites (content and addresses) or files / other applications viewed through the application. You, the user, are solely responsible for how you use the features in Scheduler. FileMaker Services Ltd is not responsible for any thing which you have done/caused as a result of using the program.
(c) FileMaker Services Ltd