 |
End User License Agreement
Notice to all users: Please read this agreement carefully. By
installing the software, you agree to accepts all of the terms
and conditions of this agreement and you agree that this
agreement is enforceable like any written agreement signed by
you. If you do not agree to all of the terms of this
agreement do not use this software.
1. LICENSE. Subject to the terms and conditions of this
End User License Agreement (this "Agreement") and subject to the
payment of the applicable license fees, BizNet Software, Inc., a
Texas corporation (“BizNet”), grants to you a limited,
non-exclusive and non-transferable license, for your internal
business purposes only, for the accompanying software and
documentation provided by BizNet (collectively, the “Software”)
for the number of users for which the corresponding fee has been
paid (the “Permitted Number”). This Agreement will also govern
any upgrades to the Software provided by BizNet that replace
and/or supplement the original Software, unless such upgrades
are accompanied by a separate license, in which case the terms
of that license will govern.
1.1. General Use. You may install and use a copy of the
Software on your compatible computers, up to the Permitted
Number of users; or
1.2. Server Use. You may install one copy of the Software
on your computer file server for the purpose of downloading and
installing the Software onto other computers within your
internal network up to the Permitted Number or you may install
one copy of the Software on a computer file server within your
internal network for the sole and exclusive purpose of using the
Software through commands, data or instructions (e.g. scripts)
from another computer on your internal network, provided that
the total number of users that access or use the Software on
such computer file server, does not exceed the Permitted Number.
No other network use is permitted, including, but not limited
to, using the Software, either directly or through commands,
data or instructions from or to a computer not part of your
internal network, for internet or web hosting services or by any
user not licensed to use the Software through a valid license
from BizNet; and
1.3. Backup Copy. You may make one backup copy of the
Software, provided your backup copy is not installed or used on
any computer.
2. RESTRICTIONS. The Software and any copies that you are
authorized by BizNet to make are the intellectual property of
and are owned by BizNet. The structure, organization and code of
the Software are the valuable trade secrets and confidential
information of BizNet. The Software is protected by copyright,
including, without limitation, by United States Copyright Law,
international treaty provisions and applicable laws in the
country in which it is being used. You may not copy the
Software, except as set forth in Section 1. Any copies that you
are permitted to make pursuant to this Agreement must contain
the same copyright and other proprietary notices that appear on
or in the Software. You agree not to modify, adapt or translate
the Software. You also agree not to reverse engineer, decompile,
disassemble or otherwise attempt to discover the source code of
the Software, except to the extent you may be expressly
permitted to decompile under applicable law. If it is necessary
to decompile in order to achieve operability of the Software
with another software program, you must first request that
BizNet provide the information necessary to achieve such
operability and only proceed to decompile if BizNet has not made
such information available. BizNet has the right to impose
reasonable conditions and to request a reasonable fee before
providing such information. Any information supplied by BizNet
or obtained by you, as permitted hereunder, may only be used by
you for the purpose described herein and may not be disclosed to
any third party or used to create any software that is similar
to the Software. Trade names and or trademarks (hereinafter,
“Trademarks") shall be used in accordance with accepted
trademark practice, including identification of the trademark
owners' names. Trademarks can only be used to identify printed
output produced by the Software and such use of any trademark
does not give you any rights of ownership in that Trademark.
Except as expressly stated above, this Agreement does not grant
you any intellectual property rights in the Software.
3. LIMITED WARRANTY. BizNet warrants to you that the
Software will perform substantially in accordance with the
Documentation for the ninety (90) day period following receipt
of the Software when used on the recommended hardware
configuration. Your exclusive remedy and BizNet’s entire
liability under this limited warranty shall be limited, at
BizNet's option, to either the replacement of the Software or
the refund of the license fee you paid for the Software.
4. DISCLAIMER. EXCEPT AS PROVIDED IN SECTION 3 ABOVE, THE
SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER.
BIZNET DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR
STATUTORY, REGARDING THE SOFTWARE AND SERVICES, INCLUDING ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NONINFRINGEMENT. NO REPRESENTATION OR OTHER
AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS
REGARDING CAPACITY, SUITABILITY FOR USE, OR PERFORMANCE OF THE
SOFTWARE OR SERVICES SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE
OR GIVE RISE TO ANY LIABILITY OF BIZNET WHATSOEVER. YOU HEREBY
ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE
EXPRESS WARRANTIES IN THIS AGREEMENT.
5. LIMITATION OF LIABILITY. IN NO EVENT WILL BIZNET BE
LIABLE FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY
INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR INCIDENTAL
DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF
GOODWILL OR LABOR COSTS, OR LOST SAVINGS) EVEN IF A BIZNET
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS,
DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY.
BIZNET'S AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT
SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.
6. EXPORT RULES. All Software and technical data
delivered under this Agreement are subject to United States
export control laws and may be subject to export or import
regulations in other countries. You agree to comply strictly
with all such law and regulations and acknowledge that you have
the responsibility to obtain.
7. TERMINATION. This Agreement is effective until
terminated. You may terminate this Agreement at any time by
destroying all copies of the Software. This Agreement will
terminate immediately without notice from BizNet if you fail to
comply with any provision of this Agreement. Upon termination,
you must cease use of the Software and destroy all copies of the
Software.
8. GOVERNING LAW. This Agreement will be governed by and
construed in accordance with the substantive laws in force in
the State of Texas without regard to its conflicts of laws
principles. You hereby irrevocably agree and consent to the
exclusive jurisdiction of the state and federal courts of Dallas
County, Texas.
9. SEVERABILITY. If any part of this Agreement is found
void and unenforceable, it will not affect the validity of the
balance of the Agreement, which shall remain valid and
enforceable according to its terms.
10. INTEGRATION. This is the entire agreement between
BizNet and you relating to the Software and it supersedes all
contemporaneous or prior communications, proposals,
representations and warranties and prevails over any conflicting
or additional terms of any quote order, acknowledgement, or
other communication between the parties relating to its subject
matter during the term of this Agreement. No modification of
this Agreement will be binding, unless in writing and signed by
an authorized representative of each party.
|
 |
|