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ATTENTION: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE "TIMEBUDDY" SOFTWARE ("SOFTWARE"). THE INDIVIDUAL OR ENTITY USING THIS SOFTWARE (THE "END USER") AGREES TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU USE THIS SOFTWARE AND DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.
The enclosed computer program and the accompanying documentation ("User Guide" accessible via the Help menu) are provided to the End-User by VisualVersion LLC ("Licensor") for use only under the following terms. Licensor reserves any right not expressly granted to the End-user. The Licensor retains ownership of all copies of the Software itself, excluding the media. The End-User assumes sole responsibility for the installation, use and results obtained from use of the Software.
LICENSE
End-User is granted a limited, non-exclusive license to do only the
following:
A. Use the Software only on one computer at any time for use only in the End-User's own business.
B. Make one copy in machine-readable form solely for backup or archival purposes for the computer which the Software is installed. The Software is protected by copyright law. As an express condition of this License, the End-User must reproduce on the copy Licensor's copyright notice and any other proprietary legends on the original copy supplied by Licensor.
C. Transfer the Software and all rights under this License to another party together with a copy of this License and all written materials accompanying the Software, provided (i) the End-User gives Licensor written notice of the transfer (including in such notice the identity of the transferee), and (ii) the other party reads and agrees to accept the terms and conditions of this License.
RESTRICTIONS
The End-User may NOT sublicense, assign, or distribute copies of the Software to
others. The Software contains trade secrets. The End-User may NOT decompile,
reverse engineer, disassemble, or otherwise reduce the Software to a human
readable form. THE END-USER MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN,
RESELL FOR PROFIT, DISTRIBUTE, OR OTHERWISE ASSIGN OR TRANSFER THE SOFTWARE, OR
CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF, EXCEPT AS
EXPRESSLY PROVIDED IN SECTION 1.C. ABOVE.
PROTECTION AND SECURITY
The End-User agrees to use its best efforts and to take all reasonable steps to
safeguard the Software to ensure that no unauthorized person shall have access
thereto and that no unauthorized copy, publication, disclosure or distribution
in whole or in part, in any form, shall be made. The End-User acknowledges that
the Software contains valuable confidential information and trade secrets and
that unauthorized use and/or copying are harmful to Licensor.
TERMINATION
This License is effective until terminated. This License will terminate
immediately without notice from Licensor if the End User fails to comply with
any of its provisions. Upon termination the End User must destroy the Software
and all copies thereof, and the End-User may terminate this License at any time
by doing so.
EXPORT LAW ASSURANCE
The End-User agrees not to bring, export or re-export the Software to any
country, person, entity, or end-user subject to U.S. export restrictions.
Restricted countries currently include, but are not necessarily limited to,
Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. The End-User shall be
solely responsible for compliance with all applicable United States and foreign
laws and regulations and international treaties with respect to the export or
import or use of the Software and Software documentation.
LIMITED WARRANTY
The
End-User should read the entire User Guide guide before using the software. The
User Guide is available at the same Internet page where the software was
downloaded and also via the Help menu of the Software.
The End-User should try the Trial version of the software before purchasing a license. If not satisfied, End User should remove and destroy the copy of the Software with no obligation. No warranty is provided beyond the availability of the free Trial version of the software.
No oral or written information or advice given by Licensor or its dealers, distributors, employees or agents shall in any way extend, modify or add to the foregoing warranty.
THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE END-USER ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE SOFTWARE. IN NO EVENT WILL LICENSOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO THE END-USER FOR ANY CONSEQUENTIAL INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LICENSOR'S LIABILITY TO THE END-USER (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO LICENSOR FOR THE LICENSE OF THE SOFTWARE.
ENHANCEMENTS
From time to time Licensor may, in its sole discretion, advise the End-User of
updates, upgrades, enhancements or improvements to the Software and/or new
releases of the Software (collectively, "Enhancements"), and may
license the End-User to use such Enhancements upon payment of prices as may be
established by Licensor from time to time. All such Enhancements to the Software
provided to the End-User shall also be governed by the terms of this
License.
GENERAL
This License will be governed by and construed in accordance with the laws of
the state of New Jersey and U.S. federal law, and shall inure to the benefit of Licensor and End-User
and their successors, assigns and legal representatives. If any provision of
this License is held by a court of competent jurisdiction to be invalid or
unenforceable to any extent under applicable law, that provision will be
enforced to the maximum extent permissible, and the remaining provisions of this
License will remain in full force and effect. Any notices or other
communications to be sent to Licensor must be mailed first class, postage
prepaid, to the following address: VisualVersion LLC, PO Box 195, Marlboro, New
Jersey 07746.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly cancelled and superseded. This Agreement may not be changed or amended except by a written instrument executed by a duly authorized officer of Licensor.
9. Acknowledgment.
BY USING THIS SOFTWARE, THE END-USER ACKNOWLEDGES THAT IT HAS READ THIS LICENSE,
UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. Should you
have any questions concerning this License, contact Licensor at the address set
forth above.
Copyright © 2002 VisualVersion LLC, All rights reserved.
PO Box 195, Marlboro, NJ 07746