Fill and Sign the License Agreement for End User Software Form

License Agreement for End User Software You should carefully read the following terms and conditions before opening this program package. To the extent permitted by law, opening this package indicates your acceptance of these terms and conditions. If you do not agree with them, you should promptly return this media package unopened for a full refund. 1. License and Limited Warranty ___________________________ (Name of Corporation) provides this program and licenses its use to you. You assume responsibility for the selection of this program to achieve your intended results, and for the installation, use, and results obtained from this program. THIS PROGRAM IS A PROPRIETARY PRODUCT OF (Name of Corporation), AND IS PROTECTED BY COPYRIGHT LAWS. TITLE TO THIS PROGRAM, OR ANY COPY, MODIFICATION, OR MERGED PORTION OF THIS PROGRAM SHALL AT ALL TIMES REMAIN WITH _________________________ (Name of Corporation) . A. Single-use Software The programs licensed in this Agreement constitute single-use software. Each license for single-use software permits a single copy to be stored on hard disk and loaded for execution on a single designated type of workstation and operating system (platform). It is the responsibility of the licensee to assure that single-use software is not moved to a second workstation until it has been completely removed from the first. B. Home Use If the software is permanently stored on the hard disk of a workstation and one person uses that workstation more than _______% of the time it is in use, then that person may also use the software either on a portable computer or on a home computer. You may: 1.Copy this program into any machine readable-form for backup purposes in support of your licensed use of the program; 2. Transfer this program and license to another party if the other party agrees to accept the terms of this Agreement. If you transfer this program, you must at the same time either transfer all copies, modifications, or merged portions, in whatever form, to the same party, or destroy those not transferred. You may not decompile, disassemble, or otherwise reverse engineer this program. 3. You may not use, copy, modify, or transfer this program, in whole or in part, except as expressly provided for in this Agreement. If you do transfer possession of any copy of the program to another party except as expressly provided, your license is automatically terminated. 2. Term The License is effective until terminated. You may terminate it at any time by destroying this program together with all copies. It will also terminate on conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement, or if you fail to pay the appropriate license fees. You agree on termination to destroy this program together with all copies. 3.Warranties and Remedies A. _________________________ (Name of Corporation) warrants for a period of ______ days from the date of shipment that, under normal use, software delivery media will be free of defects in material and workmanship. You acknowledge and agree that ____________________________ (Name of Corporation) will satisfy this warranty if it corrects errors which appear in this program or in the user manuals, reported to ___________________________ (Name of Corporation) during the warranty period. ____________________________ (Name of Corporation) DOES NOT WARRANT THAT ANY _____________________________ (type of product) PRODUCT WILL MEET YOUR REQUIREMENTS, AND UNDER NO CIRCUMSTANCES DOES _________________________ (Name of Corporation) WARRANT THAT ANY ____________________________ (type of product) PRODUCT WILL OPERATE UNINTERRUPTED OR ERROR FREE. ____________________________ (Name of Corporation) warrants and represents that it has the right to grant this license. B. The foregoing warranties are void if failure of a warranted item results, directly or indirectly, from an unauthorized modification to a warranted item; an unauthorized attempt to repair a warranted item; or misuse of a warranted item, including but not limited to use of a warranted item under abnormal operating conditions or without routinely maintaining a warranted item. You agree to promptly notify _________________________ (Name of Corporation) of any suspected defects in software delivery media or this program. THE FOREGOING WARRANTIES ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. C. ___________________________ (Name of Corporation) 's entire liability and your exclusive remedy shall be, in ___________________________ (Name of Corporation) 's sole and absolute discretion, either: (i) the repair or replacement of any warranted item which does not meet the respective warranties given above; or (ii) a refund of the purchase price of the warranted item. D. The above warranties and limitations give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. Certain limitations set forth in this Section may not apply in some jurisdictions. 4. Limitation of Damages In no event will ________________________ (Name of Corporation) be liable to you for any damages, including but not limited to any incidental, special, or consequential damages, arising out of or in connection with this Agreement, in any action or proceeding brought by you more than ______ (number) years after the cause of action has accrued. 5. General Provisions A. If this program is acquired directly or indirectly on behalf of a unit or agency of the United States Government, this paragraph applies. For civilian agencies: This program was developed at private expense and is "restricted computer software" submitted with restricted rights in accordance with subparagraphs (a) through (d) of the Commercial Computer Software- Restricted Rights clause at 52.227-19 of the Federal Acquisition Regulations ("FAR") and its successors, and is unpublished and all rights are reserved under the copyright laws of the United States. For units of the Department of Defense ("DoD"): This program is licensed only with "Restricted Rights" as that term is defined in the DoD Supplement to the FAR, clause 252.227-7024(c)(1)(ii), Rights in Technical Data and Computer Software and its successors, and use, duplication, or disclosure is subject to the restrictions set forth in the same. Any attempt to sublicense, assign, or transfer the license or the program except as expressly provided in this Agreement is void. If a portion of this Agreement is held unenforceable, the rest of this Agreement shall remain enforceable. This Agreement will be governed by the laws of (state 1) . Should you have any questions concerning this Agreement, you may contact your local _____________________ (name of corporation) representative by calling ________________ (telephone number of corporation) or writing ______________________ (name of corporation) at _______________________________________________________ _________________________ (address of corporation) . B. 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 supersedes any proposal or prior Agreement, oral or written, and any other communications between us relating to the subject matter of this Agreement. C. Support Services ________________________ (Name of corporation) will provide free telephone support during the warranty period. Free support will be limited to bug reports, installation, and basic operation. These questions can be logged through ___________________________ (name of corporation) 's standard support number ___________________ (support telephone number of corporation) . _______________________ (Name of corporation) will accept customer reports of problems found, but after the warranty period you will be required to purchase updated or corrected software. If you obtained this program from an authorized dealer you should contact the dealer for support. D. Updates Upgrades, when and as available, will be provided at a separate charge. In order to receive notices of upgrades and enhancements, you must complete and return the enclosed registration form. ______________________ (Name of trademark) (TM) is a registered trademark and ______________________ (name of trademark) is a trademark of ______________________ (name of corporation) . ____________________ (Name of software) is a registered trademark of ____________________ (name of company) , a _______________________ (name of corporation) affiliate.