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Software License Agreement
DEFINITIONS a. ("FieldSoftware") refers to FieldSoftware Products. b.
("LICENSEE") refers to the entity acquiring this license. If
a LICENSE KEY is used with the OBJECTS, the c. ("OBJECTS")
refers to all functionality contained within the
and PrintDC.dll modules. d. ("LICENSE
KEY") refers to a unique code obtained from FieldSoftware which
identifies the LICENSEE and may unlock or enable certain features of
the OBJECTS. e. ("SOFTWARE") collectively refers to the
OBJECTS, LICENSE KEY and any associated documentation. f.
("APPLICATION") refers to a computer program designed to
utilize the SOFTWARE. g. (“DEVELOPER’S LICENSE”) refers to a
LICENSE KEY obtained from FieldSoftware which can be embedded into
APPLICATION and used to enable OBJECTS.
OF LICENSE and DISTRIBUTION. The OBJECTS module may be freely
distributed by LICENSEE to permit the end-user a 30-day evaluation of
functionality of OBJECTS. While the OBJECTS may be freely distributed,
the LICENSE KEY for a DEVELOPER’s LICENSE may be distributed by
LICENSEE only when all of the following conditions are met: (a) The
LICENSE KEY must be embedded in the APPLICATION in such a way that the
LICENSE KEY is not visible or accessible to the end user. (b). LICENSE
KEY may only be distributed for use by one computer per license
purchased, unless otherwise agreed to in writing between FieldSoftware
and LICENSEE, (c) The APPLICATION may not compete with the SOFTWARE,
(d) The APPLICATION may not expose the functionality or API of the SOFTWARE
through a programmable interface.
INSTALLATIONS. An installation of the
SOFTWARE shall be one copy installed on one device for use by the
LICENSEE's APPLICATION. The LICENSEE shall purchase total number of
licenses that equals or is greater than number of INSTALLATIONS.
The SOFTWARE is owned by FieldSoftware and is protected by United
States copyright laws and international treaty provisions.
RESTRICTIONS. You may not rent or lease the SOFTWARE. You may not reverse engineer, decompile
or disassemble the SOFTWARE.
RIGHTS. All copyright, patent, trade secret, trademarks and other
intellectual and proprietary rights in the SOFTWARE are and shall
remain the valuable property of FieldSoftware, or the Author of the
SOFTWARE. You agree to take all necessary steps to ensure that the
provisions of this agreement are not violated by you or by any person
under your control or in your service.
WARRANTY. FieldSoftware warrants that the SOFTWARE will operate
substantially in accordance with its documentation for a
period of thirty days from the date you receive it. This warranty is
void if failure of the SOFTWARE has resulted from accident, abuse or
misapplication. YOU ARE THE ONLY BENEFICIARY OF THIS WARRANTY. YOU MAY
NOT PASS THIS WARRANTY ON TO OTHERS. Although FieldSoftware has tested
the SOFTWARE and reviewed the documentation, this SOFTWARE is licensed
"AS IS" and you, the licensee, are assuming the entire risk
as to its quality and performance.
REMEDIES. The entire liability of FieldSoftware and your exclusive
remedy shall be, at the option of FieldSoftware, either (a) return of
the price paid or (b) replacement of the SOFTWARE. No warranty will be
honored and remedy will be provided unless the SOFTWARE is returned to
FieldSoftware along with the original dated receipt. Any replacement
SOFTWARE will be warranted for the remainder of the original warranty
period or (30) days, whichever is longer. THESE REMEDIES ARE NOT
AVAILABLE OUTSIDE THE UNITED STATES OF AMERICA.
LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL FieldSoftware
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION,
DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS OR DATA, OR OTHER
PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SOFTWARE OR DOCUMENTATION EVEN IF FieldSoftware HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. FieldSoftware SHALL HAVE NO LIABILITY
FOR ANY DATA READ, ACCESSED, STORED OR PROCESSED WITH THE SOFTWARE,
INCLUDING THE COSTS OF RECOVERING SUCH DATA. IN NO CASE SHALL
FieldSoftware's LIABILITY EXCEED THE FEES PAID BY YOU FOR THE
SOFTWARE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
(a) If any provision of this agreement is found to be invalid by any
court of competent jurisdiction, the balance of this agreement shall
remain in full force and effect. (b) This agreement shall be governed
by the laws of the State of California. Both you and FieldSoftware
consent to jurisdiction of the state and federal courts sitting in El
Dorado County, California, in connection with any suit or action
brought regarding the SOFTWARE or this agreement. (c) This agreement
is the complete and exclusive statement of the agreement by you and
FieldSoftware, It supersedes all prior communications between the
parties relating to the subject matter of this agreement, whether
written or oral. This agreement also supersedes the terms and
conditions of any purchase order regarding the SOFTWARE, submitted in
the past or to be submitted in the future. No FieldSoftware dealer,
agent or employee is authorized to make any modifications or additions
to this agreement and warranty.
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