PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE FILEMAKER TEMPLATE CONTACTS (“CONTACTS”). BY USING CONTACTS, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE CONTACTS AND PROMPTLY RETURN THIS PACKAGE TO JEFF GAGNE FOR A FULL REFUND.
The enclosed CONTACTS template is licensed, not sold, to you by Jeff Gagne (“Author”) for use only under the terms of this License, and Author reserves any rights not expressly granted to you. You own the floppy disk, if you purchased CONTACTS in that manner, on which the CONTACTS is recorded or fixed, but Author and its licensors retain ownership of CONTACTS.
1. License. This License allows you to:
(a) Use Contacts only with one authorized copy of the FileMaker Pro application software or FileMaker Pro Runtime User application. To “use” CONTACTS means that CONTACTS are either loaded in the temporary memory (i.e., RAM) of a computer or installed on the permanent memory of a computer (i.e., hard disk, etc.). You may make an additional copy of CONTACTS for backup purposes. Furthermore, if you have more than one authorized copy of the FileMaker Pro application, you may request additional copies of CONTACTS - one copy for each authorized copy of FileMaker Pro at a reduced cost;
(b) Incorporate a portion or all of CONTACTS into your own personal FileMaker Pro solutions/templates, and then use, reproduce and distribute your own personal FileMaker solutions/templates within your company provided you are in accordance with part (a); and
(c) Permanently transfer all your rights under this License to another party by providing to such party all copies of CONTACTS licensed under this License together with a copy of this License and all written materials accompanying CONTACTS, provided that the other party reads and agrees to accept the terms and conditions of this License.
2. Restrictions.
(a) WITHOUT LIMITATION, YOU MAY NOT USE, COPY, MODIFY OR DISTRIBUTE CONTACTS FOR USE IN ANY WAY. EXCEPT AS SPECIFICALLY SET FORTH IN THIS LICENSE, YOU MAY NOT OTHERWISE USE, COPY, MODIFY, DISTRIBUTE, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, OR CREATE DERIVATIVE WORKS BASED UPON THE CONTACTS OR ANY PORTION OF THE CONTACTS.
(b) The template CONTACTS is protected by copyright law. As an express condition of this License, you must reproduce on each copy the Authors copyright notice and any other proprietary legends that were on the original copy supplied by the Author.
3. Termination. This License is effective until terminated. This License will terminate immediately without notice from the Author or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy CONTACTS, all accompanying written materials, and all copies thereof. You may also terminate this License at any time by destroying CONTACTS, all accompanying written materials and all copies thereof.
4. Export Law Assurances. You agree that neither CONTACTS nor any direct product thereof is being or will be shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder or will be used for any purpose prohibited by the Act.
5. Limited Warranty and Disclaimer, Limitation of Remedies and Damages.
CONTACTS IS LICENSED “AS IS.” THE AUTHOR AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOLUTIONS AND ANY ACCOMPANYING WRITTEN MATERIALS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THE EVENT THAT ANY WARRANTY IS IMPOSED BY LAW, AUTHOR’S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY WARRANTY WILL BE, AT THE AUTHORS’ OPTION, REPLACEMENT OF THE FLOPPY DISK, REFUND OF THE PURCHASE PRICE, OR REPAIR OR REPLACEMENT OF CONTACTS.
6. Limitation of Remedies and Damages. In no event will the Author, or any of the licensors, directors, officers, employees or affiliates of any of the foregoing be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use of or inability to use the Solutions or accompanying written materials, regardless of the basis of the claim and even if the Author or a Author's representative has been advised of the possibility of such damage. Author’s liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited to the greater of U.S.$25 or the money paid for CONTACTS that caused the damages.
THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. General. This License will be construed under the laws of the State of California, except for that body of law dealing with conflicts of law. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. If you are a U.S. Government user then the Solutions are provided with “RESTRICTED RIGHTS” as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19 or subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.277-7013, as applicable. Manufacturer: Jeff Gagne, 13653 Copperfield Dr. San Jose, CA 95136
All persons and companies listed in CONTACTS are purely fictitious and any resemblance to existing persons or companies is purely coincidental.
