READ THIS FIRST READ THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE ("LICENSE") CAREFULLY BEFORE USING THIS SOFTWARE. BY USING THE ENCLOSED SOFTWARE ("Software"), YOU AGREE TO BE BOUND BY THESE TERMS, WHICH INCLUDE THE LICENSE TO USE AND THE LIMITED WARRANTY.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST RETURN THE SOFTWARE UNUSED WITHIN [FIFTEEN (15)] DAYS OF PURCHASE FOR A REFUND.
YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE SOFTWARE, EXCEPT AS
EXPRESSLY PROVIDED IN THIS LICENSE.
License to Use. The Software is licensed to you, not sold, under the terms of this License. ACCESS Software, Inc. ("ACCESS") grants you ("Customer") a non-exclusive and non-transferable right to use one copy of the Software, in machine readable form, with the accompanying documentation, on a single computer. The Software is "in use" when it is loaded into a computer's temporary memory (RAM) or copied into permanent memory (e.g., a hard drive). You must have a separate license for each networked computer which uses the Software.
Personal Use. The Software is licensed only for the personal, noncommercial use of the Customer.
Limitations on Use. YOU MAY NOT:
Copy, reproduce or transmit the Software or documentation, except for one (1) backup copy.
Lease, rent, sell, sub-license, transfer, distribute or network the Software or documentation.
Modify, adapt, translate, decompile, disassemble, decrypt, extract, or otherwise reverse engineer the Software or create derivative works from the Software.
Remove any proprietary notices, labels or marks of ACCESS or its licensors.
Ownership. The Software and documentation, the content accessed through the Software, and all copies of the Software and documentation, is owned by ACCESS or its licensors and is protected by US copyright, trademark and other intellectual property laws and international treaties. Rights not expressly granted are reserved to ACCESS and its licensors. Unauthorized use or copying of the Software, or failure to comply with this License, will result in automatic termination of the License and may subject you to civil and criminal penalties.
Limited Warranty. ACCESS warrants that the media on which the Software is furnished will be free of defects in materials and workmanship under normal use for a period of [ninety (90) days] from the date of purchase, as evidenced by a copy of your receipt. Otherwise, the Software is provided "AS IS," without warranty of any kind. This warranty extends only to you, the Customer, as the original licensee.
Customer Remedies. ACCESS' entire liability and Customer's exclusive remedy under this warranty will be the correction of defects in media or the replacement of media, or, if correction or replacement is not reasonably achievable by ACCESS, the refund to Customer of the license fee paid, upon return of the Software and documentation.
Disclaimer of Other Warranties. EXCEPT AS SPECIFIED IN THIS LICENSE, ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. ACCESS DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE.
Limitation of Damages. IN NO EVENT WILL ACCESS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ACCESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Confidentiality. The Software contains trade secrets and confidential and proprietary information of ACCESS and its licensors. You agree to take adequate steps to protect the Software from unauthorized disclosure or use.
[Transfer. You may transfer the Software and your rights under this License to another person only if that person accepts the terms of this License. You must cease all use of the Software and transfer all copies of the Software and documentation or destroy copies not transferred.]
Termination. This License is effective until terminated. You may terminate this License at any time by destroying your copies of the Software and documentation. This License will terminate immediately without notice from ACCESS if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy all copies of Software and documentation.
Export. The Software is licensed for use in the US and its territories, or any other country to which it is legally exported. You agree not to export or re-export, directly or indirectly, the Software, any technical data in the Software or any direct or derivative product of the Software, except upon compliance with applicable US laws governing export, destination, ultimate end user and other matters.
US Government Restricted Rights. The Software and documentation is only provided to any unit or agency of the US Government with "RESTRICTED RIGHTS," as set forth at subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/Manufacturer is: Access Software, Inc./4750 Wiley Post Way, Building #1, Suite 200/Salt Lake City, UT 84116.
General Provisions. This License is made under and governed by the laws of the State of Utah, United States, excluding any of its choice of law provisions. Any provisions of this License held, in any jurisdiction, to be in violation of applicable law, void, or unenforceable are waived to the extent necessary for this License to be otherwise enforceable in such jurisdiction. This License is the entire agreement between Customer and ACCESS relating in any way to the Software, and supersedes any proposal or prior agreement, oral or written, and any other communication relating to the subject matter of this License. No variation of the terms of this License or any different terms will be enforceable against ACCESS, except by an express writing signed by an officer of ACCESS.
If you have questions regarding this License, please contact us in writing at:
