License Agreement
1. GRANT OF LICENSE
In consideration of payment of the License fee(s) (or other
agreement) which may be part of the purchase, lease, rental,
or pay-per-use contract price you paid (or are paying) for
this product, and your agreement to abide by the terms and
conditions of this License and the Limited Warranty, API, as
Licensor, grants to you, the LICENSEE, a nonexclusive right
to use and display this API software program (herein called
“API SOFTWARE” or the “SOFTWARE”) subject to the following
restrictions:
a) LICENSEE may install the SOFTWARE on a number of
computers which corresponds to the number of valid
Licenses that API has granted to LICENSEE, unless,
b) The SOFTWARE is supplied by API with protection
hardware device(s) or similar mechanism(s) which
limit the number of simultaneous users of the SOFTWARE,
in which case the LICENSEE can install the SOFTWARE on
their own computers without restriction, provided that
c) The number of simultaneous users of the SOFTWARE
does not exceed the number of valid Licenses that API
has granted to LICENSEE, and
d) There has been no attempt by LICENSEE to modify,
alter, duplicate, deactivate or bypass the copy
protection hardware device(s) or similar mechanism(s)
to permit more than the licensed number of simultaneous
users.
This License covers all forms of computer installations, including, but not limited to, free standing computer workstations, computers joined within a common network, multi- user computer systems and computers connected to the Internet. API reserves all rights not expressly granted to the LICENSEE.
2. OWNERSHIP OF SOFTWARE
An express condition of this License is that API retains title
and ownership of the SOFTWARE regardless of the form or media
in or on which the original and any other copies may exist.
This License is not a sale of the original SOFTWARE or any copy
thereof.API's third party suppliers may protect their rights in
the event of any violation of these License Terms.
3. COPY RESTRICTIONS
This SOFTWARE and the accompanying written materials are
copyrighted. Unauthorized copying of the SOFTWARE, including
SOFTWARE which has been modified, merged, or included with
other software, or of the written materials, is expressly forbidden.
You may be held legally responsible for any copyright
infringement which is caused or encouraged by your failure to
abide by the terms of this License. Subject to the restrictions
above, you may copy the SOFTWARE solely for your own use and
backup purposes, provided that the number of simultaneous users
of the SOFTWARE does not exceed the number of valid Licenses
that API has granted to you.
4. NO DISSASEMBLY OR DECRYPTION
You may not disassemble or decompile the Software unless API's
prior written consent is obtained. In some jurisdictions, API's
consent may not be required for disassembly or decompilation.
Upon request, you will provide API with reasonably detailed
information regarding any disassembly or decompilation. You may
not decrypt the Software unless decryption is a necessary part
of the operation of the Software.
5. USE RESTRICTIONS
As the LICENSEE, you may physically transfer the SOFTWARE from
one computer to another provided that the number of simultaneous
users of the SOFTWARE does not exceed the number of valid
Licenses that API has granted to you. You may not distribute
copies of the SOFTWARE or accompanying written materials to
others. You may not modify, adapt, reverse engineer decompile,
disassemble, or create derivative works based on the SOFTWARE,
without the prior written consent of API. You may not modify,
adapt, transfer, or create derivative works based on the written
materials without prior written consent of API.
6. TRANSFER RESTRICTIONS
This SOFTWARE is licensed only to you, the LICENSEE. API SOFTWARE
Licenses may not be transferred to anyone without the prior
written consent of API. Any authorized transferee of the
SOFTWARE shall be bound by the terms and conditions of this
License and Limited Warranty. In no event may you transfer,
assign, rent, lease, sell or otherwise dispose of the SOFTWARE
on a temporary or permanent basis except as expressly provided
herein.
7. TERMINATION
This License is effective until terminated. This License will
terminate automatically without notice from API if you fail to
comply with any provision of this License. Upon termination
you shall destroy the written materials and all copies of the
SOFTWARE, in whatever form, including modified copies (if any)
and return any copy protection devices promptly to API.
8. UPDATE POLICY
API may create, from time to time, updated versions of the
SOFTWARE. Updates will be provided to the LICENSEE and
transferees who are covered by a current support agreement
issued by API or its authorized distributors, or made available
to those who are licensed users of the SOFTWARE.
9. U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and documentation have been developed entirely at private expense and are provided as "Commercial Computer
Software" or "restricted computer software". They are delivered and licensed as "commercial computer software"
as defined in DFARS 252.227-7013(Oct 1998), DFARS 252.211-7015(May 1991) or DFARS 252.227-7014 (Jun
1995), as a "commercial item" as defined in FAR 2.101(a), or as "Restricted commercial software" as defined
in FAR 52.227-19(Jun 1998) (or any equivalent agency regulation or contract clause), whichever is
applicable. You have only those rights provided for such Software and Documentation by the applicable FAR or
DFARS clause or the API standard software agreement for the product.
10. MISCELLANEOUS
This License is governed by the laws of the State of Georgia,
USA and shall benefit American Process Inc., its successors and
assigns. LICENSEE consents to jurisdiction in the State and
Federal courts located in the State of Georgia, USA.
LIMITED WARRANTY
The software and accompanying written materials (including
instructions for use) are provided “as is” without warranties
of any kind including, but not limited to, any implied
warranties of merchantability or fitness for any particular
purpose. Further, API does not warrant, guarantee or make any
representations regarding the use, or the result of the use
of software. Any and all liability arising from the results
and performance of the software is assumed by you. If the
software or written materials are defective you, and not API
or its dealers, distributors, agents, or employees, assume the
entire cost of all necessary servicing, repair, or corrections.
The software may include processes, methods, components,
formulae, codes, and/or other items of such nature that were
developed by API. API hereby disclaims any warranties of any
kind, including, but not limited to, any implied warranties of
merchantability or fitness for any particular purpose regarding
such processes, methods, components, formulas, codes and/or
other items of such nature that were developed by API. The
software may include processes, methods, components, formulae,
codes, and/or other items of such nature that were developed by
parties other than API. API hereby disclaims any warranties of
any kind, including, but not limited to, any implied warranties
of merchantability or fitness for any particular purpose
regarding such processes, methods, components, formulas, codes
and/or other items of such nature that were developed by
parties other than API. API warrants to their original LICENSEE
that the disk(s) (if any) on which the SOFTWARE is recorded is
free from defects in materials and workmanship under normal
use and service for a period of ninety (90) days from the date
of delivery. API warrants to the original LICENSEE that any
hardware accompanying the SOFTWARE is free from defects in
materials and workmanship under normal use and service for a
period of one year from the date of delivery. API’s entire
liability and your exclusive remedy as to the disk(s) or
hardware shall be the replacement of the disk or hardware
which does not meet API’s Limited Warranty and which is
returned to API postage prepaid. If failure of the disk or
hardware has resulted from accident, abuse, or misapplication,
API shall have no responsibility to replace the disk or
hardware. In the event of replacement of the disk or hardware,
the replacement disk or hardware will be warranted for the
remainder of the original warranty period or thirty (30) days,
whichever is the longer.
- No oral or written information or advice given by API, its
dealers, distributors, agents, or employees shall create a
warranty or in any way increase the scope of this warranty
and you may not rely on any such information or advice.
-Neither API nor anyone else who has been involved in the
creation, production, distribution or delivery of this
product shall be liable for any direct, indirect, consequential
or incidental damages (including, but not limited to, damages
for loss of business profits, business interruption, loss or
damage to person and/or property, loss of life, loss of
business information, and the like) arising out of the use or
inability to use such product even if API has been advised of
the possibility of such damages.
- In the event that any court or arbitration tribunal should
find any of the preceding parts of this limited warranty to be
non-binding on the licensee, then in such event the aggregate
liability of API, its officers, directors, employees,
distributors, dealers and agents under this agreement, whether
arising in the contract, tort, statute, or otherwise, shall be
limited to the total fees paid by the licensee for the
software license.
- This warranty gives you specific rights, you may have other
rights which vary from province to province or from country to
country and certain limitations contained in this limited
warranty may not apply to you.
- In the event of any conflict between any provisions in this
limited warranty any applicable provincial or federal
legislation, the applicable provincial or federal legislation
takes precedence over the contravening provision.
- This Limited Warranty is governed by the laws of the State
Of Georgia, USA and shall benefit American Process Inc., its
successors and assigns.