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License Agreement
I. Introduction
This License Agreement (hereafter known as "agreement") is a legal document between you and Extreme Protocol Solutions (EPS). Read carefully the following terms and conditions before opening this package. This agreement supersedes all previous agreements. Use of EPS software acknowledges that you agree to abide by the terms and conditions regarding EPS software (hereafter known as "software"), and documentation (hereafter known as "documentation") set forth in this agreement.
II. License Rights
This license defines your rights regarding the software. The software and documentation for this product are owned by EPS and are protected by United States copyright. You are entitled to: Use this software on a single computer provided that the software is used on only one computer at a time. If you own multiple licenses for this software, then you may use as many copies of this software as you have licenses. Permanently transfer ownership of this license to use the software to another person or entity provided you: - Notify EPS in writing of the transfer. - Retain no copies of the software. - The recipient agrees to the terms and conditions of this agreement. In order to simplify License transfer and maintenance we may include a hardware key. This will allow you to install our software on as many systems as necessary. The Key must be plugged into the parallel port while installing software. Plugging the key into the parallel port activates the EPS software license on that system. Please note that this key is your license. Without it, you will be unable to run any EPS software. Also, if lost, the key will need to be repurchased at the full package price. In the event of a key malfunction, EPS will exchange the damaged key for a new one.
III. License Restrictions
You are restricted from: Merging the Software with any other program except by written agreement with EPS. Leasing, renting sublicensing the software. Reverse engineering disassembling, de-compiling or otherwise attempting to recreate or bypass the source code of the software and/or copy protection. Use or publication of EPS' company name, logo or trademarks without prior written approval from EPS.
IV. Support Contract Terms
1-Year Free Technical Support from date of purchase. 1-Year Free Software Upgrades from date of purchase. Once your service contract for free upgrades and technical support has expired, you may be able to continue these services. Service contract renewal terms are effective as of the date of the time of renewal. Please refer to the support page on our web site for our current service contract and renewal terms.
V. Pricing
Initial purchase prices are effective as of the date of the time of purchase. Renewal pricing is effective as of the date of the time of renewal. EPS pricing is subject to change at any time, please refer to the pricing page on our web site for the latest product pricing and Service Contract Renewal pricing.
VI. Returns
Software may be returned in the event that it does not function as documented and cannot be fixed to do so. Returns will not be accepted for any other reason.Purchaser has 14 days from the date of shipment to initiate return by filling out the appropriate RMA form posted on our web site. Extreme Protocol Solutions must receive the product, in its entirety (CD-ROM, Hardware Key), within seven (7) days after this form has been sent. Product return will void your purchase order and cause us to cancel the outstanding invoice linked to that order. A five-percent (5%) restocking fee applies to all returned items. Shipping is non-refundable.
VII. Collateral Damages
EPS cannot and does not warrant the performance or results you may obtain by using the software. Under no circumstances shall EPS or its suppliers be liable for any damage (including but not limited to damages for loss of profits, business interruption, loss of information other pecuniary loss) arising from the use of or inability to use the product, even if EPS has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of liability for consequential damages; therefore, the above limitation may not apply to you.
VIII. U.S. Government Restricted Rights:
This product is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in paragraph (c) (ii) of the Rights in Technical Data and Computer Software clause of DFARS 252227.7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR, 48 CFR 52.227.19 as applicable. The contractor/manufacturer is Extreme Protocol Solutions, 32 Hastings Street, Suite 1C, Mendon MA, 01756.
IX. Public Release of Information
EPS Must have the prior written approval of your authorized purchasing agent prior to use of publication of your company name, logo or trademarks on customer lists in promotion of EPSs business, services or products.
X. Limited Warranty
Any oral or written information given by EPS agents or employees in no way increases the scope of these warranties. EPS disclaims all other warranties, either, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose with respect to the product this limited warranty gives you specific legal rights, you may have other rights, which vary from state to state. |