This agreement (Agreement) is a legally binding contract between InTrec Software Inc. (InTrec) and end-user (Licensee) covering the right-to-use ProTERM Telecommunications Software (Software). Be sure you read, understand and accept the terms of Agreement before agreeing to use Software. Using Software constitutes acceptance of Agreement in full and without reservation.
To avoid accepting terms of Agreement, return the entire unopened Software package within fifteen (15) days to the organization from which it was purchased for a full refund (minus shipping expense).
Under terms of Agreement, InTrec grants Licensee a license to use Software. However, rights including but not limited to those of ownership, copyright and intellectual property remain those of InTrec.
Copying, Copyright & Allowed Use
Software and all accompanying documentation are copyrighted materials with all rights reserved.
It is illegal to copy, reproduce or transmit any part of Software documentation in any form or by any means (including translation to another language, computer language, format or medium) without the express written permission of InTrec except as permitted by Title 17, The Copyright Act of the United States.
Licensee may not distribute Software or accompanying documentation to students, staff, friends, family or associates.
Software may be copied during normal use for the purpose of making a single backup copy of the original disk media. Licensee is permitted to copy Software into the memory storage device of their computer during routine and singular use.
Software may be used (either loaded in the temporary memory (i.e., RAM) of a computer or installed on the permanent memory of a computer (i.e., floppy or hard disk, tape, etc)) with one computer at one time, and may be used by more than one person at that computer, OR may be associated with one person, and may be used by that person on more than one computer. However, in no event may Software be used by two or more persons on different computers simultaneously.
Using Software on more than one computer at a time, including sharing on more than one terminal at one time via a file server, requires the purchase of additional Software.
Proprietary notices, labels, trademarks, copyright notices and identifying marks of InTrec may not be removed or altered from Software, accompanying documentation or accompanying support materials. Software, its look, feel, related documentation and files are all copyrighted. Copies of Software and documentation must remain unaltered with respect to all copyright notices.
Software may not be translated, reverse engineered, decompiled, or disassembled. Derivative works may not be created from Software without the express written consent of InTrec.
Software contains proprietary information and trade-secrets which are confidential to InTrec. Licensee shall not use, disclose, nor permit any person to obtain such information except to the extent required for the normal use and operation of Software.
General
Agreement is construed under the laws of the State of Arizona, and venue for any legal action will be Phoenix, Arizona. If any provision of Agreement is found to be contrary to law by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions remain in full force and effect.
Agreement is not an inclusive statement of the restrictions imposed on Licensee. For a complete statement of restrictions, see Title 17 The Copyright Act of the United States.
Agreement remains in effect until termination, at which time it is the responsibility of Licensee to destroy Software and all copies thereof. Failure of Licensee to comply with any provision of Agreement results in the immediate termination of Agreement without notice.
If Licensee is an agency, department or other entity of the United States Government, then they shall be subject to the Restricted Rights of Computer Software Developed at Private Expense as set forth in Federal Acquisition Regulations as applicable.
From time to time InTrec may offer Software revisions. Being a Licensee does not guarantee availability of updates to these revisions. InTrec is not legally bound to offer updates, and reserves the right of refusal.
Transferring Rights
Licensee may not lend, rent, transfer or grant any rights for Software or copies thereof, in full or in part, to any person or organization except as provided herein.
At the time of the origin of this document, InTrec allows that Licensee may transfer Software and all rights (on a permanent basis) under Agreement to another party provided Agreement, Software and all copies, related documentation, and all other materials originally accompanying Software are transferred as well. Other party must read and accept the terms and conditions of Agreement. InTrec reserves the right to change this policy without notice. It is the responsibility of the Licensee to check with InTrec to insure this policy is still in effect at the time of transfer.
Licensee must notify InTrec in writing of transfer of Software and Agreement. Notification must include Software serial number, name and address of transferee, date of transfer and signature of Licensee (transferrer). Upon reception of notification, InTrec will transfer all rights associated with ownership of Software to new party.
After transfer, Licensee (transferrer) must destroy all Software and related materials not provided to transferee. All rights provided by Agreement to original Licensee prior to transfer are transferred to new owner.
Limitation and Liability
InTrec makes no warranty or representation, either express or implied, with respect to Software, its quality, performance, merchantability, or fitness for a particular purpose. Software is provided 'as-is' and Licensee assumes all risk as to its quality and performance.
In no event shall InTrec be held liable for direct or indirect, special, incidental, or consequential damages resulting from any defect in Software or its documentation. Such damages include, but are not limited to, loss of profit, loss of programs, and loss of data in part or whole. This limitation of liability applies even if InTrec or one of its agents has been advised of the possibility of such damage.
The total liability of InTrec under or arising from Agreement with respect to Software, whether for breach of contract or tort or otherwise, shall be limited to the amount paid for Software.
InTrec reserves the right to revise Software, documentation or other related materials without obligation to notify Licensee of such revisions.
Some states do not allow limitations on the length of an implied warranty or the exclusion of limitation of implied warranties or liability for incidental or consequential damages, therefore, certain limitations or exclusions stated herein may not apply.
Warranty
The following warranty applies only if Licensee has completed and mailed the warranty registration card accompanying Software.
InTrec warrants both Software media and related documentation to be free from physical defects in material and workmanship for a period of ninety (90) days from date of purchase. If physical defects are discovered in Software media or related documentation, InTrec will replace media or documentation at no charge to Licensee. This warranty does not apply to Software which has been modified by person(s) other than InTrec, or other defects caused by negligence of Licensee.
All defective items must be returned to InTrec, postage prepaid along with proof or purchase (showing date of purchase).
The entire liability of InTrec and the exclusive remedy of Licensee under this warranty shall be, at the option of InTrec, to replace Software media or documentation, or to refund purchase price of Software and terminate Agreement.
No InTrec dealer, agent or employee is authorized to make or offer any modifications, extension or addition of this warranty.
The warranty set forth above is exclusive and in lieu of all others, oral and written, express or implied.
