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- DO NOT USE THIS PRODUCT UNTIL LICENSEE CAREFULLY
- READ THE FOLLOWING TERMS AND CONDITIONS. USING
- THIS PRODUCT INDICATES THAT THE SINGLE END-USER OF
- THE ENCLOSED SOFTWARE (THE "LICENSEE") ACCEPTS THESE
- TERMS AND CONDITIONS.
-
-
-
- ENTIRE AGREEMENT
- Licensee acknowledges that Licensee has read this agreement
- and understands this agreement (the "Agreement") is the final,
- complete and exclusive statement of the entire agreement between
- Janus Systems SA de CV ("Janus Systems") and Licensee. This Agreement
- supersedes any prior and contemporaneous proposals, purchase
- orders, advertisements, and all other communications in relation
- to the subject matter of this agreement, whether oral or written.
- No terms or conditions, other than those contained in this
- Agreement, and no other understanding or agreement which in any
- way modifies these terms and conditions, shall be binding upon
- JANUS SYSTEMS unless made by a written agreement, executed by duly
- authorized representatives of both JANUS SYSTEMS and Licensee.
-
- LICENSED SOFTWARE AND DOCUMENTATION LICENSE
-
- The SOFTWARE is protected by copyright laws and international copyright treaties,
- as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
-
- I. JANUS SYSTEMS hereby grants Licensee a non-exclusive, non-transferable
- license to use the installed computer software (the "Licensed
- Software") and the associated documentation (the "Documentation")
- for a period of thirty (30) days after installation (the
- "Licensing Period"), subject to the limitations set forth in
- this Agreement (the "License"). Licensee may use the Licensed
- Software only on one central processing unit with one input
- terminal (the "Central Processing Unit") . All right, title and
- interest to the Licensed Software and the Documentation are, and
- shall remain, in JANUS SYSTEMS or JANUS SYSTEMS licensors, as the case may be.
- Licensee have no right of access to the source code of the
- Licensed Software. Licensee is not entitled to updates or
- upgrades of the Licensed Software or Documentation.
- II. Licensee may not alter, assign, create derivative works,
- decompile, disassemble, distribute, lease, modify, reverse
- engineer, sublicense, transfer or translate in any way the
- Licensed Software or Documentation.
- III.Licensee MAY NOT COPY OR REDISTRIBUTE the Licensed
- Software or Documentation. After the Licensing Period, Licensee
- shall delete the Licensed Software and the Documentation from the
- Central Processing Unit.
- IV. Licensee may create application software using the Licensed
- Software, including the trade secrets and confidential information
- of JANUS SYSTEMS, provided the application software created shall reside
- only on the Central Processing Unit.
- V. If either the Licensed Software or Documentation is used in any
- way not expressly and specifically permitted by this License,
- then the License shall immediately terminate. Upon the
- termination of the License, Licensee shall thereafter make no
- further use of the Licensed Software or Documentation, and
- Licensee shall delete all licensed materials from the Central
- Processing Unit.
-
- WARRANTIES
- NO WARRANTY ON LICENSED SOFTWARE OR DOCUMENTATION.
-
- I. JANUS SYSTEMS licenses the Licensed Software and Documentation solely on
- an "AS IS" basis without warranties of any kind, such as
- warranties of merchantability or fitness for any particular
- purpose. The entire risk of quality and performance is with
- Licensee. The Software and Documentation are not represented to
- be error-free. If either the Licensed Software, Documentation
- or both prove to be defective, Licensee assumes the entire cost
- of all servicing, correction or repair.
- II. The foregoing warranty gives Licensee specific legal rights, and
- Licensee may also have other rights which vary from state to
- state. Some states do not allow the limitation or exclusion of
- implied warranties, so the above limitations may not apply to
- Licensee.
- III.In no event shall JANUS SYSTEMS be liable for any other obligations or
- liabilities including, but not limited to, liability for damages
- (whether general or special, direct or indirect, consequential,
- incidental, exemplary), or for any claim for the loss of profits,
- business or information, or damage to good will even if JANUS SYSTEMS has
- been advised of the possibility of such damages. In any event,
- JANUS SYSTEMS maximum liability shall be limited to the amount of the
- purchase price. Some states do not allow the limitation or
- exclusion of incidental or consequential damages, so the above
- limitations may not apply to Licensee.
-
- RESTRICTED RIGHTS
- The Licensed Software and Documentation have been developed
- exclusively at private expense, and are provided with RESTRICTED
- RIGHTS. Use, duplication or disclosure by the Government is subject
- to restrictions as set forth in subparagraph (c)(1)(ii) of the
- Rights in Technical Data and Computer Licensed Software clause at
- DFARS 252.227-7013. JANUS SYSTEMS is the Contractor, and is located at
- Prol. Corregidora Nte # 907-2, Queretaro, Qro, Mexico, (52-42) 20-77-77.
-
- MISCELLANEOUS
- This Agreement shall be considered severable, and if for any reason
- any term or condition is determined to be invalid, illegal or
- unenforceable under current or future law, such invalidity shall not
- impair the operation of, or otherwise effect, the valid terms and
- conditions of this Agreement, so long as the intent of this Agreement
- is maintained.
-
- This Agreement shall be governed by, construed and enforced in
- accordance with the laws of the State of Queretaro,Mexico.
- The parties consent to the personal jurisdiction of the State of
- Queretaro,Mexico and agree that any legal proceedings arising out
- of this Agreement shall be conducted solely in such State.
-
- No action, regardless of form, arising out of this Agreement may be
- brought by either party more than one (1) year after a claim has
- accrued.
-
-
- Copyright ⌐ 1998, JANUS SYSTEMS SA DE CV. All rights reserved.
-