General License Information
Total Access Detective is licensed on a per-developer
basis. Each developer using the product must purchase a license for his
or her use. Quantity discounts are available. For quantities not listed
here, or for site license information, please contact our Sales
Department via email (sales@fmsinc.com),
or phone or fax our office.
Total Access Detective License Agreement
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 user license
version. Additional licenses may be purchased by contacting FMS,
Inc. For each license purchased, you are permitted (either as an
individual, or if an entity, one designated individual) to use the
program on one computer at a time.
Other Limitations
You may not reverse engineer, de-compile, or
disassemble this SOFTWARE. The SOFTWARE is licensed as a single
product and may not be separated by use for more than one user at a
time. You may not rent or lease the SOFTWARE.
You may not transfer any of your rights under the FMS
Software License Agreement to other individuals or entities. Without
prejudice to any other rights, FMS may terminate this FMS Software
License Agreement at any time if you fail to comply with any of its
terms. In such an event of termination, you must destroy and stop
using all affected SOFTWARE copies.
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) the recipient agrees to all terms of the FMS
Software License Agreement; 2) you provide all original materials
including software disks or compact disks, and any other part of the
SOFTWARE's physical distribution to the recipient; 3) you remove all
installations of the SOFTWARE that you have created; and 4) you
notify FMS, in writing, of the ownership transfer.
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 further 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.