Software License Agreement

Download as pdf or txt
Download as pdf or txt
You are on page 1of 3

IMPORTANT: READ THIS AGREEMENT BEFORE YOU INSTALL THIS APPLICATION

ASI DataMyte, Inc.


SOFTWARE LICENSE AGREEMENT

Carefully read the following terms and conditions BEFORE installing this package. Installing this
application indicates your complete and unconditional acceptance of the terms and conditions of
this Agreement.

If you do not agree with the terms and conditions of this Agreement, promptly return the package
to the point of purchase for a full refund.

GRANT OF LICENSE

ASI DataMyte, Inc. and its third party licensors grant to you a non-exclusive license to install and
use the software programs in this package (collectively referred to as the "Software"). The
Software is licensed for use in either a stand-alone or concurrent-user environment. This is
determined at the time of purchase and there is a difference in price for the stand-alone versus
the concurrent-user license.

If you have not purchased a concurrent-user license, the Software may be installed only on
either: (a) a single stand-alone personal computer; or (b) a single network server for access, by
way of terminal or computer attached to the network server via a local area network, by no more
than one user. Should you choose to install the Software on additional stand-alone personal
computers, or expand user access through the single network server for more than one user, you
must first purchase a license for each additional user who will use the Software, with the
understanding that at any one point in time (and regardless of the number of sets of media or
documentation included with the Software), the number of users who are permitted to use the
Software, whether on stand-alone computers or via local area network, may not exceed the
number of single-user licenses you have purchased.

If you have purchased a concurrent-user license, the Software may be installed on either: (a) any
number of personal computers on the same local area network; or (b) on a single network server
for access, by way of terminal or computer attached to the network server via a local area
network. However, in either case, access to the Software must be limited to no more users at
any one time than the number of concurrent licenses you have purchased. Should you choose to
expand access to the Software to more users than the number of concurrent licenses you
currently own, you must first acquire an additional license for each additional concurrent user who
will use the Software, with the understanding that at any one point in time (and regardless of the
number of sets of media or documentation included with the Software), the number of users who
are permitted to use the Software, whether on networked computers or via a single server on a
local area network, may not exceed the number of concurrent-user licenses you have purchased.

If this Software is an upgrade or exchange from a previous or different version of an ASI


DataMyte, Inc. product, you may not transfer the other version to another user. This Agreement
supersedes any prior license with respect to your use of the Software.

Any attempted sublicense, rental, sale, or lease of the Software is prohibited. However, you may
transfer your rights to use the Software on a permanent basis, provided: (1) you transfer this
Agreement, the Software, and all accompanying written materials and retain no copies; (2) the
recipient agrees to the terms of this Agreement; and (3) you first notify ASI DataMyte, Inc. in
writing of the date of transfer and the recipient's full name and address. This Agreement will
automatically terminate without notice to you if you fail to comply with its terms.
The Software and the accompanying media and documentation are copyrighted. Unauthorized
copying, translation, disassembly, reverse assembly, reverse engineering, decompilation or
reverse compilation of, and/or the creation of derivative works based on the Software are
prohibited. You may not make copies of the Software; however, you may install the Software into
permanent memory of a single storage device provided you keep the original media solely for
backup or archival purposes. You may not copy the accompanying documentation.

Ownership and title to the Software and the accompanying documentation and the concepts and
technology inherent therein, including code, sequence, logic, structure and screens and any
improvements, enhancements updates and upgrades, is retained by ASI DataMyte, Inc. or its
licensors, as applicable. Nothing contained in this Agreement shall be construed directly or
indirectly to assign or grant to you any right title or interest in or to the trademarks, copyrights,
patents or trade secrets of ASI DataMyte, Inc. or any of its licensors, or any ownership rights in or
to the Software, and you may not alter, remove or destroy any notice of ASI DataMyte, Inc. or
third party copyrights, trades secrets or proprietary rights.

THIRD PARTY APPLICATIONS

The license management portion of the Software is based on SentinelRMS®. Copyright© 1989-
2006 SafeNet, Inc. All rights reserved. Sentinel is a registered trademark of SafeNet, Inc.

If the Software is licensed for use other than with a Microsoft® database, it includes one or more
of the following applications – DataDirect Connect® for ODBC, DataDirect Connect® for ADO or
DataDirect Connect® for ADO.net. Copyright© 1993-2006 DataDirect Technologies. All rights
reserved. DataDirect Connect® is a registered trademark of Progress Software Corporation in
the U.S. and other countries.

LIMITED WARRANTY

The Software is warranted for ninety days after it is delivered to you that it will conform to the
accompanying documentation supplied by ASI DataMyte, Inc. at the time of delivery. Defective
media will be replaced without charge if returned during the warranty period. This warranty shall
be void if you attempt to modify the Software. ASI DataMyte, Inc. makes no representation or
warranty, express or implied, that the operation of the Software will be uninterrupted or error free,
or that the functions contained in the Software will meet or satisfy your intended use or
requirements; you assume complete responsibility for decisions made or actions taken based on
information obtained using the Software.

THE LIMITED WARRANTY IN THIS AGREEMENT IS IN LIEU OF ALL OTHER WARRANTIES,


EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ASI DATAMYTE, INC.
AND ITS LICENSORS SHALL NOT BE LIABLE FOR DAMAGES, INCLUDING ANY LOST
PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ASI
DATAMYTE, INC. OR ITS RESELLER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.

This warranty gives you specific legal rights, and you may also have other rights which vary from
jurisdiction to jurisdiction. Some jurisdictions do not allow the exclusion or limitation of liability for
incidental or consequential damages, or the exclusion of an implied warranty, so the above
limitation or exclusion may not apply to you.

LIMITATION OF REMEDIES

ASI DataMyte, Inc.'s entire liability and your exclusive remedy shall be:
1. The replacement of the Software not meeting the Limited Warranty specified above which is
returned with proof of purchase; or

2. If ASI DataMyte, Inc. is unable to deliver replacement Software which meets the Limited
Warranty specified above, ASI DataMyte, Inc. or its reseller will refund your purchase price. IN
NO EVENT SHALL ASI DATAMYTE, INC.'S LIABILITY TO ANY PARTY EXCEED THE
PURCHASE PRICE OF THE SOFTWARE.

OTHER PROVISIONS

You must comply at all times with all export laws and regulations of the United States pertaining
to the Software and must indemnify ASI DataMyte, Inc. and its licensors from and against any
claim that you have violated such export laws and regulations and pay all costs, fines, damages
or fees related to claims of findings of such violations.

If you are a United States Government entity, you are advised that the Software is a “commercial
component” consisting of “commercial computer software” and “computer software
documentation” as those terms are defined in the United States Code of Federal Regulations (the
“CFR”), and consistent with all applicable provisions of the CFR, you acquire the Software only
with the rights set forth in this Agreement.

This Agreement shall be governed by the laws of the State of Minnesota and the United States.
This Agreement is the complete and exclusive agreement between ASI DataMyte, Inc. and you,
and supersedes all prior agreements, whether written or oral, relating to the Software provided in
this package and the accompanying documentation. This Agreement may not be changed or
modified except by an instrument in writing signed by a duly authorized representative of ASI
DataMyte, Inc.

You might also like