THIS IS A LEGAL AGREEMENT. READ CAREFULLY BEFORE INSTALLING SOFTWARE.
NOTE: Refer to the following AEC Software License Agreement and Disclaimer of Warranty and Limited Warranty prior to opening the sealed disk package or beginning the installation process.
By installing, copying, or otherwise using the Software, you agree to be bound by the terms of the License Agreement.
All parts of the FastTrack Schedule documentation and software are protected by United States federal copyright law. Copying the software for any reason other than to make a backup is a violation of law. Individuals who make unauthorized copied of software may be subject to civil and criminal prosecution.
AEC Software, Inc. (AEC) licenses certain portions of its software from others who require the following disclaimers:
AEC's licensors make no warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose, regarding the software. AEC's licensors do not warrant, guarantee or make any representations regarding the use or the results of the use of the software in terms of its correctness, accuracy, reliability, currentness or otherwise. The entire risk as to the results and performance of the software is assumed by you. The exclusion of implied warranties is not permitted by some jurisdictions. The above exclusion may not apply to you.
In no event will AEC's licensors, and their directors, officers, employees or agents (collectively AEC's licensors) be liable to you for any consequential, incidental or indirect damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use the software even if AEC's licensor has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. AEC's licensors liability to you for actual damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), will be limited to $50.
This is a legal agreement between you (either an individual or an entity), the end user Licensee and AEC Software, Inc. and its Licensors (AEC, We or Us), the Licensor.
AEC SOFTWARE LICENSE AGREEMENT
1. NOTICE. We are willing to license the enclosed software to you only on the condition that you accept all of the terms contained in this license agreement. Please read this license agreement carefully before installing the software. By installing the software you agree to be bound by the terms of this agreement. If you do not agree to these terms we are unwilling to license the software to you, and you should not open the disk package or install the software. In such case, do not install the software and promptly return the unopened disk package and all other material in this package along with proof of payment, to the authorized dealer from whom you obtained it for a full refund of the price you paid.
2. Ownership and License. This is a license agreement and NOT an agreement for sale. We continue to own the copy of the software contained in this package and all other copies that you are authorized by this Agreement to make (the Software). Your rights to use the Software are specified in this Agreement, and we retain all rights not expressly granted to you in this Agreement. Nothing in this Agreement constitutes a waiver of our rights under United States Copyright law, international treaty provisions, or any other federal or state law.
3. Permitted Uses. You are granted the following rights to the Software:
(a) Right to Install and Use.
One Platform: If both the Macintosh and Windows version of the software are included on the CD, then you are only licensed to use the Software for one platform (i.e. the Macintosh or Windows version), but not both platforms.
Single Installation: You may install and use the Software on the temporary memory or hard disk drive or other storage device of any single computer. However, you may not under any circumstances have the Software installed onto the temporary memory or hard drives (or other storage devices) of two or more computers at the same time with a single user license, nor may you install the Software onto the hard disk drive of one computer and then use the original diskettes on another computer. If you wish to use the Software on more than one computer, you must either erase the Software from the first hard drive before you install it onto a second hard drive, or else license an additional copy of the Software for each additional computer on which you want to use it.
Network Use: If the single computer on which you install the Software is a common storage device which is accessible by multiple computers, such as a network server, you may use the Software on any computer attached to the network, provided that only the licensed number of network users can use it at any one time. You must have some software or hardware mechanism which locks-out any concurrent users in excess of the number of licensed copies of the software.
Multiple Licenses: If you have multiple Licenses for the Software, then at any time you may have as many copies of the Software in use as you have Licenses. If the anticipated number of users of the Software can exceed the number of applicable Licenses, then you must have a reasonable mechanism or process in place to assure that the number of persons using the Software concurrently does not exceed the number of Licenses.
If you acquired this Software for business purposes, and installed it on a single stand-alone computer, you may, for your convenience, allow the primary business user of the Software to also install it onto the hard drive of his or her portable or home computer, so long as the Software is not used on both computers at the same time. If the Software will be used on both computers at the same time, you must purchase another license.
Notwithstanding any other terms of this License, if the Software is licensed as an upgrade or update, then you may only use the Software to replace previous validly licensed versions of the software. You agree that the upgrade or update does not constitute the granting of a second license to the Software (i.e.,you may not use the upgrade or update in addition to the software it is replacing, nor may you transfer the software which is being replaced to a third party).
(b) Right to Copy. You may copy the Software for backup and archival purposes, provided that the original and each copy is kept in your possession, and that your installation and use of the Software does not exceed that allowed in part (a) above.
(c) Right to Transfer. You may not rent, lend, or lease this Software. However, you may transfer this license to use the Software to another party on a permanent basis by transferring this copy of the License Agreement, at least one unaltered copy of the Software, and all documentation. You must, at the same time, either transfer to the other party or destroy all your other copies of the Software. Such transfer of possession terminates your license from us. Such other party shall be licensed under the terms of this Agreement upon its acceptance of this Agreement by its initial use of the Software. If you transfer the Software, you must remove the Software from your hard disk and you may not retain any copies of the Software for your own use.
4. Prohibited Uses. You may not, without written permission from us:
(a) Make, use, copy, merge, transfer, sublicense, loan, lease, or rent copies of the Software or documentation or any part thereof except as provided in this Agreement;
(b) Use any backup or archival copies of the Software or documentation or any part thereof (or allow someone else to use such copies) for any purpose other than to replace the original copy in the event it is destroyed or becomes defective;
(c) Disassemble, decompile or unlock, reverse translate, reverse engineer, or in any manner decode the Software or documentation or any part thereof for any reason;
(d) Modify, adapt, translate, or create derivative works of the Software or documentation or any part thereof.
5. Limited Warranty. We make the following limited warranties, for a period of ninety (90) days from the date you acquired the Software from us or our authorized dealer. This limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days. whichever is longer. Neither these remedies nor any product support services offered by AEC are available outside of the United States of America.
(a) Media. The disks and documentation in this package will be free from defects in materials and workmanship under normal use. If the disks or documentation fail to conform to this warranty, you may, as your sole and exclusive remedy, obtain a replacement free of charge if you return the defective disk or documentation to us (postage paid) with a dated proof of purchase.
(b) Software. The Software in this package will materially conform to the documentation that accompanies it. If the Software fails to operate in accordance with this warranty, you may, as your sole and exclusive remedy, return all of the Software and the documentation to the authorized dealer from whom you acquired it, along with a dated proof of purchase, specifying the problem, and we will provide you with a new version of the Software or a full refund at our election.
(c) WARRANTY DISCLAIMER. WE DO NOT WARRANT THAT THIS SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. WE EXCLUDE AND EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES NOT STATED HEREIN, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other legal rights, which vary from state to state.
(d) HIGH RISK ACTIVITIES DISCLAIMER. THIS SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (HIGH RISK ACTIVITIES). AEC SOFTWARE SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
6. LIMITATION OF LIABILITY. AEC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY AEC) LIABILITY TO YOU FOR ANY LOSSES SHALL BE LIMITED TO DIRECT DAMAGES FROM ANY CAUSE WHATSOEVER, AND SHALL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE SOFTWARE. IN NO EVENT WILL AEC 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, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow these limitations or exclusions, so they may not apply to you.
7. United States Government Restricted Rights. This software and documentation is commercial computer software under the Federal Acquisition Regulation and agency supplements to it (FAR). This software and documentation are provided to the Federal Government and its agencies only under the restricted rights provision of the FAR applicable to commercial computer software developed at private expense and not in the public domain. Use, duplication or disclosure by the U.S. Government or any agency or instrumentality thereof is subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DEARS 252.227-7013, or in FAR 52.227-19, or in FAR 52.227-14, as applicable and as set forth in this license to the extent that the restrictions in this license are not inconsistent with the Government's minimum rights in restricted rights software. Contractor / Manufacturer is AEC Software, Inc., 22611 Markey Court, Building 113, Sterling, Virginia 20166 U.S.A.
8. Export Controls. You agree that you will not directly or indirectly transfer the Software or documentation to any country to which such transfer would be prohibited by the United States Export Administration Act and the regulations issued thereunder.
9. Termination. This license and your right to use this Software automatically terminate if you fail to comply with any provisions of this Agreement, destroy the copies of the Software in your possession, or voluntarily return the Software to us. Upon termination you will destroy all copies of the Software and documentation.
10. Miscellaneous Provisions. This Agreement will be governed by and construed in accordance with the substantive laws of the Commonwealth of Virginia, U.S.A. This is the entire agreement between us relating to the contents of this package, and supersedes any prior purchase order, communications, advertising or representations concerning the contents of this package. No change or modification of this Agreement will be valid unless it is in writing, and is signed by us.
Canadian Transactions: If you acquired this Software in Canada, you agree to the following:
The parties hereto have expressly required that the present Agreement and its Exhibits be drawn up in the English language. / Les parties aux presented not expressement exige que la presente convention et ses Annexes soient redigees en langue anglaise.
Other International Transactions: If you acquired this Software outside the U.S.A. or for use outside the U.S.A. you agree to the following:
The parties hereto have expressly required that the present Agreement and its Exhibits be drawn up in the English language.
If you have any questions about this Agreement, write to AEC Software Inc., 22611 Markey Court, Building 113, Sterling, Virginia 20166 U.S.A. or call at (703) 450-1980.
FastTrack Schedule(TM) is a trademark of AEC Software, Inc.
