MANAGEPRO 2.0 FOR WINDOWS - SINGLE USER LICENSE AGREEMENT
CONSIDER THIS LICENSE AND THE ONE IN THE MANAGEPRO BOX THAT YOU WILL BE RECEIVING, AS ONE LICENSE, AND INTENDED FOR ONE USER ONLY.
THIS IS A LICENSE AGREEMENT AND NOT AN AGREEMENT FOR SALE. A LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND AVANTOS PERFORMANCE SYSTEMS, INC. PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE OPENING THIS SEALED PACKAGE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY RETURN THE PACKAGE UNOPENED AND YOUR MONEY WILL BE REFUNDED.
This software package is protected by federal copyright law and international treaty.
By law, you, the end user, may do the following:
a) make a copy of the software solely for backup or archival purposes; or
b) transfer the software to a hard disk, provided you keep the original solely for backup or archival purposes.
Federal copyright law prohibits you from making any other copy of the software for any other reason without our permission. Federal copyright law also prohibits you from copying the written materials accompanying the software without first obtaining our permission.
For a copy of the brochure, Software Use and the Law, please send a stamped, self-addressed, business size envelope to: Software Publishers Association, 1730 M Street, NW, Suite 700, Washington, DC 20036-4510.
Use Beyond Federal Law and International Treaty
1. Home/Office/Portable
ManagePro is licensed on a per user basis. For your convenience, you may install this software on your office, home and/or on a portable computer. You may not, however, use the software on more than one computer at the same time. If you need to have access to the software on more than one computer at the same time, you must purchase additional licenses.
2. Local Area Networks (LANs)
For your convenience, you may load this software on a LAN. Your license to use ManagePro, however, does not cover other users connected to the LAN. Each person using the software over a LAN must purchase a separate ManagePro user license.
3. Rental and Other Restrictions
You may not rent, lend, lease, or assign this software. You may, however, transfer the software and the accompanying written materials on a permanent basis. When you transfer the software on a permanent basis, you may not keep any copies, and you must remove the software from all hard disks on which it was installed. Also, the person to whom you transfer the software must agree to the terms of this License Agreement.
You may not translate, decompile, or disassemble the software. You also may not create any derivative works based on this software. A derivative work is defined as a translation or other form in which the software may be recast, transformed or adapted.
Warranty
a. Program Performance Warranty
Avantos Performance Systems, Inc. warrants that this program will perform in substantial compliance with the published specifications and documentation supplied in this package, provided it is used on the computer hardware and with the operating system for which it was designed. This warranty is limited to a period of 1 year from the date of the original purchase.
If you report a significant defect in performance, in writing within 1 year of purchase, Avantos Performance Systems, Inc. will attempt to correct it or, at its option, authorize a refund of your license fee.
b. Disk and Documentation
Avantos Performance Systems, Inc. warrants that the original disks and documentation are free from defects in material and workmanship, assuming normal use, for a period of 90 days from the date of purchase. If a defect occurs during this period, you may return the faulty disk or documentation, along with a dated proof of purchase, and Avantos Performance Systems, Inc. will replace it free of charge.
c. Limitations on Liability
Except as specifically provided above, Avantos Performance Systems, Inc. makes no other warranty or representation, either express or implied, with respect to this software, the disks or documentation, including their quality, merchantability, or fitness for a particular purpose.
In no event will Avantos Performance Systems, Inc. be liable for direct, indirect, special, incidental, or consequential damages arising out of the use or inability to use the software or documentation including but not limited to the on-screen Management Advisor or companion "Managing People: Your Competitive Edge in the 90's" book, even if Avantos Performance Systems, Inc. has been advised of the possibility of such damages.
The warranties and remedies set forth above are exclusive and in lieu of all others, oral or written, express or implied.
Avantos Performance Systems, Inc. is not responsible for any costs including, but not limited to, those incurred as a result of lost profits or revenue, loss of time or use of the software, loss of data, the costs of recovering such software or data, the cost of substitute software, lawsuits over management practices, by third parties, of other similar costs. In no case will Avantos Performance Systems, Inc.'s liability exceed the amount of the license fee.
General
a. Ownership
Avantos Performance Systems, Inc. retains title to and ownership of the software. Avantos Performance Systems, Inc. retains all rights not expressly granted. Nothing in this License Agreement constitutes a waiver of Avantos Performance Systems, Inc.'s right under the U.S. copyright laws or any other Federal or State law.
b. Copyright/Trademark Notice
Any authorized copy of ManagePro, including authorized backup copies if any, must include Avantos Performance Systems, Inc.'s copyright and trademark notices.
c. U.S. Government Restricted Rights
ManagePro and documentation thereto are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 52.227-7013. The contractor/manufacturer of ManagePro and documentation thereto is Avantos Performance Systems, Inc., 5900 Hollis St., Suite C, Emeryville, CA 94608, 510-654-4600
d. Questions
If you have any questions about this License Agreement, write to Avantos Performance Systems, Inc., 5900 Hollis St., Suite C, Emeryville, CA 94608.
