NOTICE TO USER: THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY.
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY REMOVE THE UNUSED SOFTWARE.
The OneClick Demo Version offer is provided to you for the purpose of evaluating whether to purchase an ongoing license of the Software. The evaluation period is limited to 15 days, after which time you must remove the software. After evaluating the software, if you wish to purchase a license, contact WestCode Software.
With the OneClick Demo Version you are not entitled to hard-copy documentation, support or telephone assistance.
The OneClick Demo Software is provided to you exclusively for your own use. You may not redistribute the Software to others by any means. If you wish to make the OneClick Demo Software available to others (such as a user group), contact WestCode Software for permission.
1. License.
The software known as OneClick (the "Software") and related documentation are licensed to you by WestCode Software, Inc. ("WestCode"). The term "Software" shall also include any upgrades, modified versions or updates of the Software licensed to you by WestCode. WestCode and/or WestCode's Licensor(s) retain title to the Software and related documentation. This License allows you to use the Software on a single computer.
2. Restrictions.
The Software contains copyrighted material, trade secrets and other proprietary material and in order to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. You may not modify, network, rent, lease, loan, distribute or create derivative works based upon the Software in whole or in part. You may not electronically transmit the Software from one computer to another or over a network. Contact WestCode for a separate multi-user/site license.
3. Termination.
This License is effective until terminated. You may terminate this License at any time by destroying the Software and related documentation and all copies thereof. This License will terminate immediately without notice from WestCode if you fail to comply with any provision of this License. Upon termination you must destroy the Software and related documentation and all copies thereof.
4. Export Law Assurances.
You agree and certify that neither the Software nor any other technical data received from WestCode, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States.
5. Government End Users.
If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees: (i) if the Software is supplied to the Department of Defense (DoD), the Software is classified "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Software and its documentation as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and (ii) if the Software is supplied to any unit or agency of the United States Government other than DoD, the Government's rights in the Software and its documentation will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR.
6. Disclaimer of Warranty on Software.
You expressly acknowledge and agree that use of the software is at your sole risk. The Software and related documentation are provided "AS IS" and without warranty of any kind and WestCode and WestCode's Licensor(s) (for the purposes of provisions 6 and 7, WestCode and WestCode's Licensor(s) shall be collectively referred to as "WestCode") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WESTCODE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, WESTCODE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WESTCODE OR A WESTCODE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT WESTCODE OR A WESTCODE AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Limitation of Liability.
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE SHALL WESTCODE BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF WESTCODE OR A WESTCODE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In no event shall WestCode's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software, which in the case of the OneClick Free Version is nothing.
8. Controlling Law and Severability.
This License shall be governed by and construed in accordance with the laws of the United States and the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
9. Complete Agreement.
This License constitutes the entire agreement between the parties with respect to the use of the Software and related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of WestCode.
WestCode Software, Inc.,15050 Avenue of Science, Suite 112, San Diego, CA 92128
