|
Please
continue reading and fill out form below.
YOU MUST AGREE TO THIS LICENSE DOCUMENT BEFORE PROCEEDING!
Please print a copy for your records.
LEAH-Merchant
DPSS™ and MAX © 2003 -2008 Client By Design,
LLC
Software License Agreement
IMPORTANT: Please review the License Agreement below.
By doing so, or otherwise downloading or copying this
Software, you agree to the terms of this Agreement.
Do not load this software until you have carefully read
and agreed to the following terms and conditions. If
you do not agree to these terms, do not install or use
this software.
IF
YOU DOWNLOAD, INSTALL OR USE THIS SOFTWARE, YOU WILL
BE BOUND BY THE TERMS OF THIS AGREEMENT LICENSE:
Subject
to strict compliance with the terms and conditions of
this Agreement, Client By Design ("Client By Design")
grants you a non-exclusive copyright license to the
enclosed Web Based software program ("Software").
You may not use, copy, modify, rent, sell, or transfer
the Software or any portion thereof except as provided
in this Agreement.
You
may:
1. Install and use the Software on one (1) computer/server
and one URL only at any given time with no exceptions.
2. Copy the Software solely for backup or archival purposes,
including copying the Software into memory.
RESTRICTIONS:
You May Not:
1. Sublicense the Software;
2. Reverse engineer, decompile, or disassemble the Software;
3. Modify the Software or create derivative works from
the Software; or
4. Copy or distribute the Software, in whole or in part,
except as specifically provided in this
Agreement.
5. Use a previous version or copy of the Software after
you have received a disk replacement set or an upgraded
version as a replacement of the prior version, unless
you donate a previous version of an upgraded version
to a charity of your choice, and such charity agrees
in writing that it will be the sole end user of the
product, and that it will abide by the terms of this
agreement. Unless you so donate a previous version of
an upgraded version, upon upgrading the Software, all
copies of the prior version must be destroyed
Acceptable
use: This software cannot be used to distribute
illegal software, warez, adult, hate or pornographic
materials.
TRANSFER:
You may not transfer a registered version of the
Software except demo versions to another party, even
if only on a temporary basis or for evaluation or other
limited purposes.
OWNERSHIP
AND COPYRIGHT OF SOFTWARE: Title to the Software
and all copies thereof remain with Client By Design,
LLC. The Software is copyrighted and is protected by
United States and international copyright laws. You
will not remove the copyright notice from the Software.
You agree to prevent any unauthorized copying of the
LEAH–Merchant DPSS™ and MAX Software.
LIMITED
WARRANTY: If distributed via magnetic media, CLIENT
BY DESIGN warrants that the media on which the Software
is distributed will be free from defects for a period
of sixty (60) days from the date of delivery of the
Software to you. Your sole remedy in the event of a
breach of this warranty will be that CLIENT BY DESIGN
will, at its option, replace any defective media returned
to CLIENT BY DESIGN within the warranty period or refund
the money you paid for the Software. CLIENT BY DESIGN
does not warrant that the Software will meet your requirements
or that operation of the Software will be uninterrupted
or that the Software will be error-free. If software
was received via download, user may request to download
a replacement of the software via the same method.
THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER
STATUTORY RIGHTS.
EXCLUSION
OF WARRANTIES: THE SOFTWARE IS PROVIDED strictly
"AS IS". WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NONINFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
LIMITATION OF LIABILITY: IN NO EVENT SHALL CLIENT BY
DESIGN NOR ITS VENDORS BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS
OF USE, LOSS OF DATA, INTERRUPTIONS OF BUSINESS, OR
LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SOFTWARE, EVEN IF CLIENT BY DESIGN HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED
WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO
HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION
TO JURISDICTION.
SUPPORT:
Client By Design shall have no support, maintenance
and/or update/upgrade obligation to you in connection
with the Software or this Agreement other than noted
on the LEAH–Merchant DPSS Site: http://www.LeahMerchant.com
TERMINATION
OF THIS LICENSE: Client By Design may terminate
this license at any time if you are in breach of any
of its terms and conditions. Upon termination, you will
immediately destroy the Software or return all copies
of the Software and documentation to Client By Design.
EXPORT
LAWS: You agree that the distribution and export/re-export
of the Software is in compliance with the laws, regulations,
orders or other restrictions of the U.S. Export Administration
Regulations and that you shall not export or re-export
the Software in violation of any United States export
law or trade regulation.
SEVERABILITY:
The terms and conditions stated in this Agreement are
declared to be severable. If any paragraph, provision,
or clause in this Agreement shall be found or be held
to be invalid or unenforceable in any jurisdiction in
which this Agreement is being performed, the remainder
of this Agreement shall be valid and enforceable and
the parties shall use good faith to negotiate a substitute,
valid, and enforceable provision which most nearly effects
the parties' intent in entering into this Agreement.
This
product is protected by United States Federal Copyright
and is filed with the:
U.S.
Copyright Office
101 Independence Ave. S.E.
Washington, D.C. 20559-6000
Any
illegal or unauthorized installations or attempts to
copy any portion of - or to reverse engineer or redistribute
this product (LEAH-Merchant DPSS, MAX) will be viewed
as theft and a violation of said copyright, resulting
in swift legal action.
|
