PLEASE
READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE
SOFTWARE.
BY CLICKING
ON THE "ACCEPT" BUTTON, OPENING THE PACKAGE, DOWNLOADING THE PRODUCT,
OR USING THE EQUIPMENT THAT CONTAINS THIS PRODUCT, YOU ARE CONSENTING TO BE
BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION
PROCESS WILL NOT CONTINUE, RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A
FULL REFUND, OR DO NOT DOWNLOAD THE PRODUCT.
Single
User License Grant: Uniques Software
Corp. ("Uniques") and its suppliers grant to Customer
("Customer") a nonexclusive and non-transferable license to use the
Uniques software ("Software") in object code form solely on a single
central processing unit owned or leased by Customer or otherwise embedded in
equipment provided by Uniques.
Multiple-Users
License Grant: Uniques Software Corp.
("Uniques") and its suppliers grant to Customer ("Customer")
a nonexclusive and non-transferable license to use the Uniques software
("Software") in object code form: (i) installed in a single location
on a hard disk or other storage device of up to the number of computers owned or
leased by Customer for which Customer has paid a license fee ("Permitted
Number of Computers"); or (ii) provided the Software is configured for
network use, installed on a single file server for use on a single local area
network for either (but not both) of the following purposes: (a) permanent
installation onto a hard disk or other storage device of up to the Permitted
Number of Computers; or (b) use of the Software over such network, provided the
number of computers connected to the server does not exceed the Permitted Number
of Computers. Customer may only use the programs contained in the Software (i)
for which Customer has paid a license fee (or in the case of an evaluation copy,
those programs Customer is authorized to evaluate) and (ii) for which Customer
has received a product authorization key ("PAK"). Customer grants to
Uniques or its independent accountants the right to examine its books, records
and accounts during Customer's normal business hours to verify compliance with
the above provisions. In the event such audit discloses that the Permitted
Number of Computers is exceeded, Customer shall promptly pay to Uniques the
appropriate licensee fee for the additional computers or users. At Uniques’
option, Uniques may terminate this license for failure to pay the required
license fee.
Customer may
make one (1) archival copy of the Software provided Customer affixes to such
copy all copyright, confidentiality, and proprietary notices that appear on the
original.
EXCEPT AS
EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY, IN WHOLE OR IN PART,
SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE
ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL,
OR CREATE DERIVATIVE WORKS OF THE SOFTWARE.
Customer
agrees that aspects of the licensed materials, including the specific design and
structure of individual programs, constitute trade secrets and/or copyrighted
material of Uniques. Customer agrees not to disclose, provide, or otherwise make
available such trade secrets or copyrighted material in any form to any third
party without the prior written consent of Uniques. Customer agrees to implement
reasonable security measures to protect such trade secrets and copyrighted
material. Title to Software and documentation shall remain solely with Uniques.
LIMITED
WARRANTY. Uniques warrants that for a period of ninety (90) days from the date
of shipment from Uniques: (i) the media on which the Software is furnished will
be free of defects in materials and workmanship under normal use; and (ii) the
Software substantially conforms to its published specifications. Except for the
foregoing, the Software is provided AS IS. This limited warranty extends only to
Customer as the original licensee. Customer's exclusive remedy and the entire
liability of Uniques and its suppliers under this limited warranty will be, at
Uniques or its service center's option, repair, replacement, or refund of the
Software if reported (or, upon request, returned) to the party supplying the
Software to Customer. In no event does Uniques warrant that the Software is
error free or that Customer will be able to operate the Software without
problems or interruptions.
This
warranty does not apply if the software (a) has been altered, except by Uniques,
(b) has not been installed, operated, repaired, or maintained in accordance with
instructions supplied by Uniques, (c) has been subjected to abnormal physical or
electrical stress, misuse, negligence, or accident, or (d) is used in ultra
hazardous activities.
DISCLAIMER.
EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT
OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY
EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
IN NO EVENT
WILL UNIQUES OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA,
OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER
CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE EVEN IF UNIQUES OR ITS SUPPLIERS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Uniques’ or its
suppliers' liability to Customer, whether in contract, tort (including
negligence), or otherwise, exceed the price paid by Customer. The foregoing
limitations shall apply even if the above-stated warranty fails of its essential
purpose. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES.
The above warranty DOES NOT apply to any beta software, any software made available for testing or demonstration purposes, any temporary software modules or any software for which Uniques does not receive a license fee. All such software products are provided AS IS without any warranty whatsoever.
This License
is effective until terminated. Customer may terminate this License at any time
by destroying all copies of Software including any documentation. This License
will terminate immediately without notice from Uniques if Customer fails to
comply with any provision of this License. Upon termination, Customer must
destroy all copies of Software.
Software, including technical data, is subject to Canadian export control laws,
and its associated regulations, and may be subject to export or import
regulations in other countries. Customer agrees to comply strictly with all such
regulations and acknowledges that it has the responsibility to obtain licenses
to export, re-export, or import Software.
Refund
Policy: In the event you are not happy with the product, please return it to us
within 30 days of purchase. Your full purchase price minus the cost of shipping, and
training session(s) will be refunded to you. The cost of shipping within Canada
is $25. The training cost is $125 for a 2-hour session.