REACHOUT(R) FAST, WORLDWIDE REMOTE ACCESS TO YOUR DESKTOP AND NETWORK
SOFTWARE LICENSE AGREEMENT
This is a legal Agreement between you and Stac, Inc. (Stac). By installing this product, you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, choose No.
LICENSE TERMS
Grant of License. Stac grants to you a non-exclusive right to use one copy of the manual and the enclosed ReachOut software program (SOFTWARE) as follows:
i) per user, on any number of computers provided only one is used to receive calls (Host computer) and the other computers (Viewer computers) to make connections to that Host computer, or ii) on a network, provided you have at least one licensed copy of the SOFTWARE for each computer on the network that accesses the SOFTWARE; or iii) on a network modem pool server, provided you have one licensed copy of the ACS version of the SOFTWARE for every two modems attached to all modem pool servers on the network that the SOFTWARE has access to; or iv) as provided for by an addendum to this Agreement, by Stac notice on SOFTWARE packaging, or by a paid Stac-authorized invoice. You may not rent, lease, reproduce, copy, subdivide, modify, translate or sublicense the SOFTWARE or the manual, but you may (a) make one copy of the SOFTWARE solely for backup or archival purposes and (b) transfer the SOFTWARE and accompanying written material on a permanent basis provided you retain no copies of the SOFTWARE and the recipient agrees to the terms of this Agreement.
This Agreement is effective from the day you install the SOFTWARE until it is uninstalled or otherwise removed from your network or computer. Use, duplication or disclosure of the SOFTWARE by the U.S. Government is subject to the restricted rights applicable to commercial computer software (under FAR 52.227-19 and DFARS 252.227-7013), as applicable.
Intellectual Property. The SOFTWARE is owned by Stac or its licensors and is protected by United States copyright laws as well as one or more pending or issued patents including United States patents 4701745, 5016009, 5126739, 5146221, 5414425, 5463390, 5506580, and 5532694, other intellectual property rights and corresponding international treaties (Stac Intellectual Property Rights). You may not copy the written materials accompanying the SOFTWARE. Furthermore, you acknowledge that the license provided under this Agreement is a limited one and in no way shall be construed to provide you an express or an implied license to any of Stac's Intellectual Property Rights other than as expressly set forth above and in no way confers to you or anyone else any right, title, or interest to the Stac Intellectual Property Rights in the SOFTWARE or the removable disks. You may not reverse engineer, decompile, disassemble, or create derivative works from this SOFTWARE.
Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
LIMITED WARRANTY
Limited Warranty. Stac warrants the distribution medium on which the SOFTWARE is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase. Any implied warranties on the SOFTWARE are limited to 90 days. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
Customer Remedies. Stac's entire liability and your exclusive remedy shall be replacement of the SOFTWARE that does not meet Stac's Limited Warranty and which is returned to Stac with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication.
NO OTHER WARRANTIES. THE SOFTWARE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS." STAC DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE TO STATE.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL STAC, ITS SUPPLIERS OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS PRODUCT, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT BE APPLICABLE TO YOU.
