bombers.k12.ar.us/bombers.k12.ar.us.tar/bombers.k12.ar.us/survey_unconfigured/LICENSE_SINGLE_COMPUTER.TXT

Text File | 2004-08-05 | 8KB | 164 lines

Survey Application

Software License Agreement and Limited Warranty

SINGLE Computer License

Please  read  this License Carefully. This is a  legal  agreement
between  the  end  user ("Licensee") and  ClassApps.
The enclosed software and documentation are  licensed
by ClassApps to the original  individual customer  for  use  only
on the terms described in this License Agreement (this "License").
Installing, and/or using the Software indicates that the end user
accepts and agrees to  comply  with these terms. If there  is any
disagreement on these terms write to ClassApps with a request  to
modify any term of this License.  Please  allow  two  weeks for a
response.

1. LICENSES.
(a) ClassApps hereby grants to Licensee  a
worldwide,  nonexclusive, nontransferable, license  (without  the
ability  to  sublicense)  to  (i)  use  this  product on a single
computer and  make  one  copy of the Software in machine-readable
form  for backup purposes.

(b) ClassApps retains title to the Software in all forms whatsoever.

(c) All  rights  not expressly granted herein  are  reserved  by
ClassApps.

(d) The Licensee may not in any way use the software to generate
explicit revenue from customers.  That is, the software may not
be used as part of an online hosted survey solution, nor can a
Licensee charge customers to use the software.  For this type of
licensing, please contact [e-mail] for more information.

(e) ClassApps hereby grants to Licensee  a
worldwide,  nonexclusive, nontransferable, license  to  modify
the source code in any manner, and to rebrand the product
(including remove all references to ClassApp or SelectSurvey) in any
manner.  However, the resulting changed code may not be sold or in
any way transferred after said changes.

2. LICENSE FEES.
This  license  shall  have no force or effect  unless  and  until
Licensee shall have submitted to ClassApps
all applicable license fees in full. All such fees are  exclusive
of  any taxes, duties, licenses, fees, excises or tariffs now  or
hereafter  imposed  on Licensee's  production,  licensing,  sale,
transportation, import, export or use of the Software or Licensee
Programs,  all of which shall be the responsibility of  Licensee,
other than taxes attributable to ClassApps.
net income.

3. LIMITED WARRANTY.
(a)  ClassApps warrants that for  one  (1)
year  following  delivery  of  the  Software  to  Licensee,   the
Software,  unless modified in any way by Licensee,  will  perform
substantially  the functions described in any associated  product
documentation  provided  by  ClassApps.
ClassApps does  not  warrant  that  the
Software  will  meet  Licensee's specific  requirements  or  that
operation  of the Software will be uninterrupted  or  error-free.
ClassApps is  not  responsible  for  any
problem, including any problem which would otherwise be a  breach
of   warranty,   caused   by  (i)  changes   in   the   operating
characteristics  of  computer  hardware  or  computer   operating
systems,  (ii)  interaction  of the Software  with  software  not
supplied or approved by ClassApps, or (iii)
accident, abuse, or misapplication.

(b)  Consulting entire  liability  and
Licensee's  sole remedy under the foregoing warranty  during  the
warranty period is that ClassApps shall, at
its  sole and exclusive option, either use reasonable efforts  to
correct   any  reported  deviation  from  the  relevant   product
documentation,   replace   the  Software  with   a   functionally
equivalent  program,  or refund all license fees paid,  in  which
case,  this License shall immediately terminate. Any repaired  or
replaced  Software will be rewarranted for an  additional  ninety
(90) day period, unless subsequently modified by Licensee.

(c)  THE ABOVE WARRANTIES ARE EXCLUSIVE AND NO  OTHER  WARRANTIES
ARE  MADE  BY ClassApps OR  ASSOCIATED LICENSORS,
WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY,   FITNESS   FOR   A   PARTICULAR   PURPOSE,   OR
NONINFRINGEMENT.

(d) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY. IN THAT EVENT, ANY  IMPLIED
WARRANTIES  ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM  THE
DATE  OF  DELIVERY OF THE SOFTWARE. THIS WARRANTY GIVES  THE  END
USER  SPECIFIC LEGAL RIGHTS. THE END USER MAY HAVE OTHER  RIGHTS,
WHICH VARY FROM STATE TO STATE.

4. LIMITATION OF LIABILITY.
UNDER  NO CIRCUMSTANCES SHALL ClassApps BE
LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN
IF ClassApps 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.

In  no  event  shall ClassApps's total
liability  to  Licensee for all damages, losses,  and  causes  of
action  (whether  in  contract, tort  (including  negligence)  or
otherwise) exceed the amount paid by Licensee for the Software.

5. BREACH AND TERMINATION.
(a) This License is effective until terminated. This License  may
be  terminated  by  the  non-defaulting  party  if  either  party
materially  fails to perform or comply with this License  or  any
provision hereof.

(b)  Termination due to a breach of Section 6 shall be  effective
upon  notice. In all other cases termination shall  be  effective
thirty  (30) days after notice of termination to  the  defaulting
party if the defaults have not been cured within such thirty (30)
day  period.  The  rights and remedies of  the  parties  provided
herein  shall not be exclusive and are in addition to  any  other
rights and remedies provided by law or this Agreement.

(c)  Upon termination of this Agreement, all rights and  licenses
granted  hereunder shall immediately terminate and  all  Software
and  other  Proprietary  Information  of  ClassApps
in the possession of Licensee or under  its  control,
shall be immediately returned to ClassApps.
End user licenses properly granted pursuant to this Agreement and
prior to termination of this Agreement shall not be diminished or
abridged by the termination of this Agreement.

6. GOVERNING LAW.
The rights and obligations under this Agreement shall be governed
by the laws of the State of Texas excluding its conflicts of  law
rules and United States law and international treaties  governing
copyrights.

7. GOVERNMENT END USERS.
(a)  If  this Software is acquired by or on behalf of a  unit  or
agency of the United States Government through Licensee, Licensee
hereby  undertakes to insert in its contract with the  Government
the appropriate restricted rights language.

(b)  If  this Software is acquired by or on behalf of a  unit  or
agency   of   the   United  States   Government   directly   from
ClassApps, this provision  applies.  This
Software: (i) was developed at private expense, and no part of it
was  developed with government funds; (ii) is a trade  secret  of
ClassApps for all purposes of the  Freedom
of  Information  Act;  (iii) is  "commercial  computer  software"
subject  to  limited  utilization as  provided  in  the  contract
between  vendor  and  the  government entity;  and  (iv)  in  all
respects  is  proprietary  data belonging  solely  to
ClassApps.

(c)  For units of the Department of Defense (DOD), this  Software
is sold only with "Restricted Rights" as that term is defined  in
the  DOD  Supplement  to  the  Federal  Acquisition   Regulations
("DFARS")   52.227-7013  (c)(1)(ii)  and  use,   duplication   or
disclosure   is   subject  to  restrictions  as  set   forth   in
subparagraph  (c)(1)(ii)  of  the Rights in  Technical  Data  and
Computer  Software  clause of  DFARS  52.227-7013.

Manufacturer: ClassApps