Managing Software MSW.Collections End User License Agreement
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. BY INSTALLING, COPYING, DOWNLOADING, OR USING THIS PRODUCT YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, UNINSTALL AND DELETE THE PRODUCT.
License Grant
The product contains software ("Software") and related explanatory written materials ("Documentation"). "Software" includes any upgrades, modified versions, updates, additions and copies of the Software. "You" and “The Company” means the person or company who is being licensed to use the Software or Documentation. "We" and "us" means Managing Software.
We hereby grant you a limited, nonexclusive, non-transferable license to use the Software solely in accordance with the terms and conditions set forth herein. The Software may be used as “Server Software” which provides services and functionalities on your server, or “Developer Software” which may be used and installed solely for use in conjunction with designing and developing your Applications.
The Server Software is licensed on an individual processor basis. You need one Server Software license for each of your Server's processors. As an exception to that rule, if you have made a processor inaccessible to all operating system copies, you do not need a Server license for that processor. The Developer Software is licensed on a computer basis. Each developer that writes code that will directly or indirectly call the Software must obtain a Developer license.
Title
The Software is licensed, not sold. We remain the owner of all right, title and interest in the Software and Documentation.
Archival or Backup Copies
You may either:
· make one copy of the Software solely for backup or archival purposes, or
· transfer the Software to a single hard disk, provided you keep the original solely for backup or archival purposes.
Things You May Not Do
The Software and Documentation are protected by international copyright laws. You must treat the Software and Documentation like any other copyrighted material. You may not:
· copy the Documentation,
· copy the Software except to make archival or backup copies as provided above,
· modify, translate, adapt or create derivative works based on the Software,
· reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software, or
· sublicense, distribute, rent, lease or lend any portion of the Software or Documentation.
Transfers
Internal: You may transfer the Server Software to a different Server.
Transfer to Third Party: You may not transfer your rights to use the Software and Documentation to another person or legal entity other than The Company or its subsidiaries without the written consent of Managing Software.
Limited Warranty
We warrant that for a period of 90 days after delivery of this copy of the Software to you:
· the physical media on which this copy of the Software is distributed will be free from defects in materials and workmanship under normal use, and
· the Software will perform in substantial accordance with the Documentation.
To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.
SOME COUNTRIES 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 COUNTRY TO COUNTRY.
Limited Remedy
Our entire liability and your exclusive remedy shall be:
· the replacement of any diskette(s) or other media not meeting our Limited Warranty which is returned to us or to an authorized Dealer or Distributor with a copy of your receipt, or
· if we or an authorized Dealer or Distributor are unable to deliver a replacement diskette(s) or other media that is free of defects in materials or workmanship, you may terminate this Agreement by returning the Software and Documentation and your money will be refunded.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Term and Termination
This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to either return to us or destroy all copies of the Software and Documentation in your possession.
Confidentiality
The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
General Provisions
1. This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any and all prior oral or written agreements, negotiations or other dealings between us concerning the Software.
2. This license agreement may be modified only by a writing signed by you and us.
3. In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
4. This license agreement is governed by the laws of Belgium.