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END-USER LICENSE AGREEMENT
IMPORTANT READ CAREFULLY BEFORE INSTALLING THIS SOFTWARE
BY INSTALLING OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT INSTALLING THE SOFTWARE. THE SOFTWARE PROVIDED HEREUNDER INITIALLY WILL BE INSTALLED AND WILL OPERATE IN "DEMONSTRATION MODE." THE PURCHASE OF A SOFTWARE KEY IS REQUIRED FOR USE OF THE SOFTWARE OUTSIDE OF "DEMONSTRATION MODE."
1. Grant Of License For Registered Users
Island Business Group, Inc. ("Licensor") grants you a non-exclusive license to use the program with which this license is distributed (the "Software"), including any documentation files accompanying the Software ("Documentation"), on a single server to support up to the number of simultaneous users for which you have paid the license fee, and to make one (1) backup copy of the Software, provided that (i) the Software is installed on only one (1) server; (ii) the Software may NOT be modified in any manner; (iii) all copyright notices are maintained on the Software; and (iv) you agree to be bound by the terms of this License Agreement. The Software and Documentation shall be used only by your employees, only for your own personal or internal business use and not in the operation of a service bureau or for the benefit of any other person or entity.
You have no ownership rights in the Software or any intellectual or other property rights related thereto. Rather, you have a license to use the Software as long as this License Agreement remains in full force and effect. Ownership of the Software and all intellectual property rights therein shall remain at all times with Licensor. Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this License Agreement.
The Software and Documentation contain material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are reserved to Licensor. You may not remove any proprietary notice or trademark of Licensor from any copy of the Software or Documentation.
This License Agreement is your proof of license to exercise the rights granted herein and must be retained by you. You must (i) protect the Software in a manner consistent with Licensor's rights therein, including informing persons who are permitted access thereto in order to satisfy your obligations hereunder and maintain the confidentiality of the Software and any information or rights relating thereto. You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on, the Software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software. You may not transmit the Software over any network or between any devices, although you may use the Software to make such transmissions of other materials. You may transfer the Software to other computers you own as long as you only use it on one computer at a time.
5. Limited Warranty
Licensor warrants for a period of ninety (90) days after purchase that the Software will perform substantially in accordance with the Documentation. Should the Software not so perform, your sole and exclusive remedy, and Licensor's sole obligation under this warranty shall be, at Licensor's sole discretion, correction of the defect or refund of the purchase price paid for the Software. Any use by you of the Software is at your own risk. This limited warranty is the only warranty provided by Licensor regarding the Software. Except for the limited warranty set forth above, the Software is provided "as is". To the maximum extent permitted by law, Licensor disclaims all other warranties of any kind, either expressed or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Licensor does not warrant that the functions contained in the Software will meet any requirements or needs you may have, or that the Software will operate error free, or in an uninter
rupted fashion, or that any defects or errors in the Software will be corrected, or that the Software is compatible with any particular platform. Licensor is not obligated to provide any updates to the Software. Because some jurisdictions do not allow the waiver or exclusion of implied warranties, the above limitations may not apply to you.
6. Limitation Of Liability
IN NO EVENT WILL LICENSOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS LICENSE AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION. 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. Export Restrictions
This license agreement is expressly made subject to any laws, regulations, orders, or other restrictions on the export from the United States of America of the Software or information about the Software which may be imposed from time to time by the government of the United States of America. You shall not export the Software or information about the Software without the prior written consent of Licensor and compliance with such laws, regulations, orders, or other restrictions.
This License Agreement is effective until terminated. You may terminate this License Agreement at any time by destroying or returning to Licensor all copies of the Software in your possession or under your control. Licensor may terminate this License Agreement if Licensor finds that you have violated the terms of this License Agreement. Upon notification of termination, you agree to destroy or return to Licensor all copies of the Software and all printed or written materials relating thereto, and to certify to Licensor in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this License Agreement.
This License Agreement shall be construed, interpreted and governed by the laws of the State of New York without regard to its conflicts of law provisions. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate federal or state court sitting in Nassau or Suffolk Counties, State of New York. This License Agreement shall constitute the entire Agreement between the parties hereto with respect to the subject matter hereof. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably effect the intention of the parties.
BY CLICKING WHERE INDICATED BELOW, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
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