Software License Agreement |
| fP Technologies, Inc. ("Licensor") is providing the accompanying software ("software") and any related documentation ("documentation") subject to the terms of this agreement. Title to the media on which the software is recorded is transferred to the customer, but title to the software itself, which is protected by copyright and patent law, is not transferred. The software and documentation is subject to protection under United State Copyright Laws. You have a nonexclusive right to use the software and documentation. You may only install the software on a single standalone computer or a single network server serving the number of users your license allows. You may not distribute copies of the software or documentation to others. You may not modify or translate the software or documentation in any way or manner. You may not use, copy or transfer the software or any copy except as provided for in this Agreement. If you transfer possession of any copy of the software to another party (except in connection of the sale of your license rights, described below) your license is automatically terminated. |
SOFTWARE BACKUP AND DUPLICATION |
| You may make an archival copy of the software for the sole purpose of backup, so long as you reproduce and include the copyright notice and any other notices on the backup copy. You may sell your license rights (in the software) to another party. If you sell your license rights (in the software) you must simultaneously transfer the documentation and any backup copy or destroy the backup copy. You cannot sell your license rights (in the software) to another party unless that party also agrees to all of the terms and conditions of this Agreement. |
TERM |
| This license is effective until terminated. You may terminate it any time. You agree that upon termination of this License for any reason, you will destroy or return the software and documentation together with all copies and modifications in any form. |
OBJECT CODE |
| You may understand and acknowledge that the software consists of object code only, and that Licensor shall not supply source code versions of the software. You shall not create or attempt to create the source code or any part thereof by decompilation or otherwise. |
LIMITED WARRANTY |
| Licensor does not warrant that the functions contained in the software will meet your requirements or that the operation of the software will be uninterrupted or error free. However, Licensor warrants that the physical media on which the software is furnished will be free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date of delivery to you. Licensor's sole obligation under this limited warranty shall be to replace the defective item of physical media. To receive a replacement, return the defective item(s) to Licensor with a copy of your receipt. If Licensor is unable to deliver a replacement which is free of defects in materials and workmanship you may terminate this Agreement by returning the software and documentation to Licensor and your money will be refunded. |
| EXCEPT AS PROVIDED ABOVE, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION IS WITH YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. |
LIMITATIONS OF LIABILITY |
| Except for your rights specified under Licensor's "Limited Warranty", Licensor's entire liability and your exclusive remedy for any claim for injury arising from the use of the software and documentation shall be limited to the return of the price you paid for the software and documentation. |
| IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DMAMGES, INCLUDING ANY LOSS OF PROFITS, LOST SAVING OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING FROM USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF LICENSOR HAS BEEN ADVISED TO THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIBILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. |
GENERAL |
| You may not sub_license, assign or transfer the license on the software except as expressly provided in this Agreement. |
| YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERCEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. YOU MAY NOT MODIFY THIS AGREEMENT UNLESS LICENSOR AGREES (BY SIGNED WRITING) TO THE MODIFICATION. |
Supported versions are 6.0 and 6.1 - Current Release is 6.1.00.04 - Update Subscription is 6.1.01.04 - fileProWeb is V374