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License Agreement for SOLUTIONS Software Products
This is a legal agreement between you, the end user, and SOLUTIONS
Software Corp., a division of RegScan, Inc.
BY INSTALLING OUR SOFTWARE YOU ARE
CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO
ALL OF THE TERMS OF THIS AGREEMENT CLICK THE "DECLINE" BUTTON
AND THE INSTALLATION PROCESS WILL NOT CONTINUE OR RETURN THE PRODUCT
TO THE PLACE OF PURCHASE FOR A FULL REFUND. THE REGSCAN, INC. END
USER LICENSE AGREEMENT APPLIES AND REDISTRIBUTION IS NOT PERMITTED
GRANT. Subject to payment of applicable
license / subscription fees, REGSCAN grants you a non-exclusive
license to use the Software, data and any accompanying documentation
("Documentation"), known
collectively as Software in the manner described below under "Scope
of Grant"
SCOPE OF GRANT.
· Use the Software on any SINGLE
computer or SERVER;
· Use the Software on a second
computer so long as only one copy is used at a time by ONE individual
only;
· Copy the Software to a single harddrive, provided any copy
must contain all the original Software’s proprietary notices.
· The software will only operate
for the term of the subscription / trial period. Usage beyond said
period is not permitted and is enforced using technical protection
means that may not be circumvented, Digital Millennium Copyright
Act, Pub. L. 105-304 (1998).
YOU MAY NOT:
· Permit other individuals to
use the Software except under the terms listed above;
· Permit concurrent use of the
Software except with a multi-user license.
· Modify, translate, reverse
engineer, de-compile, disassemble (except to the extent applicable
laws specifically prohibit such restriction), or create derivative
works based on the Software;
· Transfer the Software in any
form to an alternative electronic storage or retrieval system,
or copy the Software other than as specified above;
· Rent, lease, grant a security
interest in or otherwise transfer rights to the Software , or
· Remove any proprietary notices
or labels on the Software or its output.
· Operate the software beyond
the term of your subscription or trial period.
LIMITED WARRANTY
REGSCAN warrants that the original disks are free from manufacturing
defects for 30 days from the date of delivery of the Software. If
purchase is made via downloading the software, this warranty does
not apply.
THIS IS A LIMITED WARRANTY AND IT IS
THE ONLY WARRANTY MADE BY REGSCAN, REGSCAN MAKES NO OTHER EXPRESS
WARRANTY AND NO WARRANTY OF NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS.
THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF MECHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE,
IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
SO LIMITATIONS MAY NOT APPLY TO YOU. NO REGSCAN DEALER, AGENT,
EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR
ADDITIONS TO THIS WARRANTY. If any modifications are made to the
Software by you during the warranty period; if the media is subjected
to an accident , abuse or improper use; or if you violate the terms
of this Agreement, then this Warranty shall immediately be terminated.
This warranty shall not apply if the Software is used on or in
conjunction with hardware or software other than the unmodified
version of hardware and software with which the software was designed
to be used as described in the Documentation.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE
OTHER LEGAL RIGHTS THAT VARY BY
JURISDICTION.
TITLE: Title, ownership rights, and intellectual property rights
in the Software and content shall remain in REGSCAN. The Software
and content is protected by the copyright laws and treaties. Title
and related rights in the content accessed through the Software is
the property of the applicable content owner and may be protected
by applicable law. This License gives you no rights to such content.
TERMINATION: The license will terminate automatically if you fail
to comply with the limitations described herein, or fail to renew
your subscription term. On termination, you must destroy all copies
of the Software and Documentation.
EXPORT CONTROLS: None of the Software or underlying information
or technology may be downloaded or otherwise exported or reexported
(i) into (or to a national or resident
of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or
any other country to which the U.S. has embargoed goods; or (ii)
to anyone on the U.S. Treasury Departments list of Specially Designated
Nationals or the U.S. Commerce Department’s
Table of Denial Orders. By downloading or using the Software, you
are agreeing to the foregoing and you are representing and warranting
that you are not located in, under the control of, or a national
or resident of any such country or on any such list,
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE SHALL REGSCAN OR ITS SUPPLIERS
OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR AND ALL OTHER COMMERCIAL DAMAGES
OR LOSSES. IN NO EVENT WILL REGSCAN BE LIABLE FOR ANY DAMAGES IN
EXCESS OF THE AMOUNT REGSCAN RECEIVED FROM YOU FOR A LICENSE TO THE
SOFTWARE, EVEN IF REGSCAN SHALL HAVE BEEN INFORMED OF THE POSSIBILITY
OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION
OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR THE DEATH OR PERSONAL
INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE,
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT
APPLY TO YOU. THE USER BEARS SOLE AND COMPLETE RESPONSIBITY FOR COMPLYING
WITH ANY AND ALL REGULATION AND FOR THE APPLICATION OR INTERPERTATION
OF SAID REGULATION; THE OFFICAL HARDCOPY EDITON IS THE ONLY OFFICIAL
AND FINAL AUTHORITY.
MISCELLANEOUS: If the copy of the Software
you received was accompanied by a printed or other form of "hard copy" End
User License Agreement whose terms vary from this Agreement, then
the hard copy End User License Agreement governs your use of the
Software. This Agreement represents the complete agreement concerning
this license and may be amended only by a writing executed by both
parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY
MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND
THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement
is held to be unenforceable, such provision shall be reformed only
to the extent necessary to make it enforceable. This Agreement shall
be governed by Pennsylvania law ( except for conflict of law provisions).
The application of the United Nations Convention of contracts for
the International Sale of Goods is expressly excluded. U.S. Government
Restricted Rights: Use, duplication of disclosure by the Government
is subject to restrictions set forth in subparagraphs(a) through(d)
of the Commercial Computer-Restricted Rights clause at FAR 52.227-19
when applicable, or subparagraph (c) (1)(ii) of the Rights in Technical
Data and Computer Software clause at DFARS 252.227-7013 or at 252.211-7015,
and in similar clauses in the NASA FAR Supplement. Contractor/Manufacturer
is REGSCAN, Inc. 800 West Fourth Street, Williamsport, PA 17701.
PRODUCT SUPPORT:
Software customers are given free "Life-Time" product
support. This support will be governed by the current support policies
of REGSCAN of which rules are subject to change from time to time. "Life-time" is
defined as the effective life-time of the product which is based
on the length of the subscription period or as long as that product
and version is being sold and supported by REGSCAN. Although REGSCAN
intends to continue the "Life-Time" policy, Life-time support
may or may not be continued for subsequent versions of Software.
By upgrading to a new version, you will of course acquire the support
policy which applies to that version.
TAXES, DUTIES, AND OTHER FEES
User agrees to be responsible for any taxes, duties, or other applicable
fees derived from the licensing of the SOFTWARE. Duties, fees, import
taxes, etc. vary by country or state. The user should investigate
whether they are liable for any applicable taxes. REGSCAN will collect
sales tax for the State of Pennsylvania only unless existing laws
change.
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