Software License Agreement for Total
PLEASE READ THE FMS SOFTWARE LICENSE AGREEMENT. YOU MUST
AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BEFORE YOU
CAN INSTALL OR USE THE SOFTWARE.
IF YOU DO NOT ACCEPT THE
TERMS OF THE LICENSE AGREEMENT FOR THIS OR ANY FMS SOFTWARE
PRODUCT, YOU MAY NOT INSTALL OR USE THE SOFTWARE. YOU SHOULD
PROMPTLY RETURN ANY FMS SOFTWARE PRODUCT FOR WHICH YOU ARE
UNWILLING OR UNABLE TO AGREE TO THE TERMS OF THE FMS
SOFTWARE LICENSE AGREEMENT FOR A REFUND OF THE PURCHASE
Ownership of the Software
The enclosed software program ("SOFTWARE") and the
accompanying written materials are owned by FMS, Inc. or its
suppliers and are protected by United States copyright laws,
by laws of other nations, and by international treaties. You
must treat the SOFTWARE like any other copyrighted material
except that you may make one copy of the SOFTWARE solely for
backup or archival purpose, and you may transfer the
SOFTWARE to a permanent storage device.
Grant of License
The SOFTWARE is available in a single license or
five-license version. Contact FMS, Inc. to purchase
Licenses are granted on a PER DEVELOPER
basis to be used on one computer at a time.
Only the Library Code included in the SOFTWARE may be
redistributed. Library Code is defined as the programming
code that is available when using the SOFTWARE program's
Code Explorer interface. You are specifically prohibited
from redistributing any other file or part of the SOFTWARE.
Use and Redistribution Rights
FMS grants you the right to distribute the Library Code
on a non-exclusive, royalty free basis, provided that:
- Each developer using the program owns a license of the
- You do not distribute the library code, in whole or in
part, in any form that does not add primary and substantial
value to the library code;
- You do not distribute the library code in an
application that is similar in nature or purpose to the
- You agree to indemnify, hold harmless, and defend FMS
and its suppliers or contractors from and against any claims
or lawsuits, including attorneys' fees, that arise or result
from the use or distribution of or other activities relating
to your software.
- If you claim a copyright, you must add a clause
stating "Portions of this program are Copyright Total Visual
SourceBook from FMS, Inc." and that you do not claim
ownership of the SOFTWARE.
Publishing Library Code
You are prohibited from publishing library code on any
medium, including, but not limited to, electronic mail,
online services, internet newsgroups, and printed matter,
except when library code is distributed in an application
that adds substantial value to the library code and that
application is not similar in nature or purpose to the
The Library Code may not be included in freeware or
shareware applications in a non-compiled state.
Under no circumstances may you attempt to reverse
engineer this product. You may not rent or lease the
SOFTWARE, but you may transfer the SOFTWARE and the
accompanying written materials on a permanent basis provided
you retain no copies, the recipient agrees to the terms in
this SOFTWARE License, you remove all installations of the
SOFTWARE, and you have not used any of the Library Code in
an application. Ownership transfers must be reported to FMS,
Inc. in writing.
Technical Support on Library Code
Technical support is
available for issues you find on the Code Explorer
application and issues with the included Library Code and
associated documentation. Because of the complexity of
software development, FMS does not provide technical support
related to the use of the Library code in your applications.
FMS offers incident support services and
consulting services if you have needs beyond this.
If you discover physical defects in the media on which
this SOFTWARE is distributed, or in the related manual, FMS,
Inc. will replace the media or manual at no charge to you,
provided you return the item(s) within 60 days after
ALL IMPLIED WARRANTIES ON THE MEDIA AND MANUAL, INCLUDING
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE LIMITED TO SIXTY (60) DAYS FROM THE
DATE OF PURCHASE OF THIS PRODUCT.
Although FMS, Inc. has tested this program and reviewed
the documentation, FMS, Inc. makes no warranty or
representation, either expressed or implied, with respect to
this SOFTWARE, its quality, performance, merchantability, or
fitness for a particular purpose. As a result, this SOFTWARE
is licensed "AS-IS", and you are assuming the entire risk as
to its quality and performance. IN NO EVENT WILL FMS, INC.
BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES RESULTING FROM THE USE, OR INABILITY
TO USE THIS SOFTWARE OR ITS DOCUMENTATION.
THE WARRANTY AND REMEDIES SET FORTH IN THIS LIMITED
WARRANTY ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR
WRITTEN, EXPRESSED OR IMPLIED.
Some states do not allow the exclusion or limitation of
implied warrantees or liability for incidental or
consequential damages, so the above limitations or
exclusions may not apply to you. This warranty gives you
specific legal rights, you may also have other rights that
vary from state to state.
U.S. Government Restricted Rights
The SOFTWARE and documentation are provided with
RESTRICTED RIGHTS. Use, duplication, or disclosure by the
Government is subject to restrictions as set forth in
subparagraph (c) (1) (ii) of the Rights in Technical Data
and Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c) (1) and (2) of the Commercial Computer
Software - Restricted Rights at 48 CFR 52.227-19, as