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License Terms

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 PRICE.

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 5 license version. Contact FMS, Inc. to purchase additional licenses. Licenses are granted on a PER DEVELOPER basis.

For each license, one designated developer can use the Software on one computer at a time.

REDISTRIBUTABLE COMPONENTS

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:

1. Each developer using the program owns a license of the SOFTWARE.
2. 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.
3. You do not distribute the library code in an application that is similar in nature or purpose to the SOFTWARE.
4. 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.
5. If you claim a copyright, you must add a clause stating "Portions of this program are Copyright Total .NET 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 SOFTWARE. The Library Code may not be included in freeware or shareware applications in a non-compiled state.

CODE WEBSERVICE

The Total .NET SourceBook Code WebService ("Code WebService") is the subscription portion of the Total .NET SourceBook product. The Code WebService is an online link to the FMS repository of additional code and resources for the product. This repository is updated by FMS on a regular basis and is available to subscribers. 

Owners of Total .NET SourceBook may purchase subscriptions to the Code WebService. During the term of the subscription, owners can view and download the material available on the Code WebService repository. The link is available within the Total .NET SourceBook product over the Internet. 

In addition to providing access to the online material, the subscription grants the owner the right to use the downloaded material royalty-free under the terms and restrictions of this License Agreement.

The Code WebService is only available to developers who own a copy of the Total .NET SourceBook product. Subscribers may not transfer the downloaded material to others, including owners of Total .NET SourceBook who are without a valid subscription.

CODE WEBSERVICE - INFORMATION COLLECTED BY FMS

When you access the FMS Code WebService, certain data from your computer is sent to FMS for the sole purpose of verifying your SOFTWARE license. This information includes your computer name, your registered user name and organization, and your serial number. The data collected is used only for license verification purposes, and is not distributed outside of FMS.

RESTRICTIONS

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 and the recipient agrees to the terms in this SOFTWARE License. Ownership transfers must be reported to FMS, Inc. in writing.

TRANSFER OF LICENSE

If your SOFTWARE is marked, "NOT FOR RESALE," you may not sell or resell the SOFTWARE, nor may you transfer the FMS Software license.

If your SOFTWARE is not marked, "NOT FOR RESALE," you may transfer your license of the SOFTWARE to another user or entity provided that:

1. You have not used any of the library code in an application.
2. The recipient agrees to all terms of the FMS Software License Agreement.
3. You provide all original materials including software disks or compact disks, and any other part of the SOFTWARE's physical distribution to the recipient.
4. You remove all installations of the SOFTWARE.
5. You notify FMS, in writing, of the ownership transfer.

TECHNICAL SUPPORT ON LIBRARY CODE

Because of the complexity of software development, FMS does not provide technical support related to the use of the Library code in your applications. Technical support is available for issues you find on the Code Explorer application and issues with the included Library Code and associated documentation.

LIMITED WARRANTY

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 purchase.

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 applicable.