Software
License
ATTENTION:
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE PURCHASING THIS PACKAGE. THE
INDIVIDUAL OR ENTITY READING THIS PACKAGE (THE "END USER") AGREES TO
BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU PURCHASE THIS PACKAGE AND DO NOT
AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE AND PROMPTLY
NOTIFY US, AND THE LICENSE PRICE WILL BE REFUNDED.
The
computer program(s) and the accompanying documentation are provided to the
End-User by Schneiderman & Associates, LLC ("Licensor") for use
only under the following terms. Licensor reserves any right not expressly
granted to the End-user. The End-User owns the disk on which the Software is
recorded, but Licensor retains ownership of all copies of the Software itself.
The End-User assumes sole responsibility for the installation, use and results
obtained from use of the Software.
1.
License
End-User
is granted a limited, non-exclusive license to do only the following:
A)
Install and maintain the Software on one computer at any time for use only in
the End-User's own business.
B)
Make one copy in machine-readable form solely for backup or archival purposes
for the computer, which the Software is installed. Copyright law protects the
Software. As an express condition of this License, the End-User must reproduce
on the copy, Licensor's copyright notice and any other proprietary legends on
the original copy supplied by Licensor.
C)
Transfer the Software and all rights under this License to another party
together with a copy of this License and all written materials accompanying
the Software, provided (i) the End-User gives Licensor written notice of the
transfer (including in such notice the identity of the transferee), and (ii)
the other party reads and agrees to accept the terms and conditions of this
License.
2.
Restrictions
The
End-User may NOT sublicense, assign, or distribute copies of the Software to
others. The Software contains trade secrets. The End-User may NOT decompile,
reverse engineer, disassemble, or otherwise reduce the Software to a human
readable form. THE END-USER MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE,
LOAN, RESELL FOR PROFIT, DISTRIBUTE, OR OTHERWISE ASSIGN OR TRANSFER THE
SOFTWARE, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART
THEREOF, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 1.C. ABOVE.
3.
Protections and Security
The
End-User agrees to use its best efforts and to take all reasonable steps to
safeguard the Software to ensure that no unauthorized person shall have access
thereto and that no unauthorized copy, publication, disclosure or distribution
in whole or in part, in any form, shall be made. The End-User acknowledges
that the Software contains valuable confidential information and trade secrets
and that unauthorized use and/or copying are harmful to Licensor.
4.
Termination
This
License is effective until terminated. This License will terminate immediately
without notice from Licensor if the End User fails to comply with any of its
provisions. Upon termination the End User must destroy the Software and all
copies thereof, and the End-User may terminate this License at any time by
doing so.
5.
Export Law Assurances
The
End-User agrees that the Software is to be used only in the United States and
the Software will not be transferred or exported, directly or indirectly,
outside the U.S.
6.
Limited Warranty
Licensor
warrants that, for 90 days from the date of initial use by the original End
User, the Software shall operate substantially in accordance with the
published functional specifications current at the time of shipment. If,
during the warranty period, a defect appears, End User shall return the
Software to Licensor and Licensor's only obligation shall be, at Licensor's
election, to replace the defective Software or refund the purchase price. The
End-User agrees that the foregoing constitutes the End-User's sole and
exclusive remedy for breach by Licensor under any warranties made under this
Agreement. This warranty does not cover any Software that has been altered or
changed in any way by anyone other than Licensor. Licensor is not responsible
for problems associated with or caused by incompatible operating systems or
equipment, or for problems in the interaction of the Software with software
not furnished by Licensor. No oral or written information or advice given by
Licensor or its dealers, distributors, employees or agents shall in any way
extend, modify or add to the foregoing warranty.
THE
WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE
END-USER ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF
THE SOFTWARE. IN NO EVENT WILL LICENSOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES
OR AFFILIATES, BE LIABLE TO THE END-USER FOR ANY CONSEQUENTIAL INCIDENTAL,
INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE
LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR
ACCOMPANYING WRITTEN MATERIALS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
LICENSOR'S
LIABILITY TO THE END-USER (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE
WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND
IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO LICENSOR FOR THE
LICENSE OF THE SOFTWARE.
7.
Enhancements
From
time to time Licensor may, in its sole discretion, advise the End-User of
updates, upgrades, enhancements or improvements to the Software and/or new
releases of the Software (collectively, "Enhancements"), and may
license the End-User to use such Enhancements upon payment of prices as may be
established by Licensor from time to time. All such Enhancements to the
Software provided to the End-User shall also be governed by the terms of this
License. IN ORDER FOR THE END-USER TO BE ASSURED THAT IT WILL BE ADVISED OF
AND LICENSED TO USE ANY ENHANCEMENTS TO THE SOFTWARE, THE END-USER MUST
COMPLETE, SIGN AND RETURN TO LICENSOR THE ATTACHED END-USER REGISTRATION CARD.
8.
Disputes
This
license agreement shall be governed by, construed and enforced in accordance
with the laws of the Oklahoma, as it is applied to agreements entered into and
to be performed entirely within such jurisdiction.
To
the extent you have in any manner violated or threatened to violate
Schneiderman & Associates, LLC and/or its affiliates' intellectual
property rights, Schneiderman & Associates, LLC and/or its affiliates may
seek injunctive or other appropriate relief in any state or federal court in
the State of Oklahoma, and you consent to exclusive jurisdiction and venue in
such courts.
Any
other disputes will be resolved as follows:
If
a dispute arises under this agreement, we agree to first try to resolve it
with the help of a mutually agreed-upon mediator in the following location:
Tulsa, Oklahoma. Any costs and fees other than attorney fees associated with
the mediation will be shared equally by each of us.
If
it proves impossible to arrive at a mutually satisfactory solution through
mediation, we agree to submit the dispute to binding arbitration at the
following location: Tulsa, Oklahoma, under the rules of the American
Arbitration Association. Judgment upon the award rendered by the arbitration
may be entered in any court with jurisdiction to do so.
9.
General
If
any provision of this License is held by a court of competent jurisdiction to
be invalid or unenforceable to any extent under applicable law, that provision
will be enforced to the maximum extent permissible, and the remaining
provisions of this License will remain in full force and effect. Any notices
or other communications to be sent to Licensor must be mailed first class,
postage prepaid, to the following address: Schneiderman & Associates, LLC,
.
This
Agreement constitutes the entire agreement between the parties with respect to
the subject matter hereof, and all prior proposals, agreements,
representations, statements and undertakings are hereby expressly cancelled
and superseded.
This
Agreement may not be changed or amended except by a written instrument
executed by a duly authorized officer of Licensor.
10.
Acknowledgment
BY
OPENING THIS PACKAGE, THE END-USER ACKNOWLEDGES THAT IT HAS READ THIS LICENSE,
UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
If
you have any questions concerning this License, contact Licensor at the
address set forth above.
Schneiderman
& Associates, LLC
3504 E 99 Street
Tulsa, OK 74137
866-66-EBOOK (Voice)
800-861-3227 (Fax)
info@schneiderman.net
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