Licensing 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 INSTALLATION basis. For each
license, one designated developer can use the SOFTWARE on one computer at a
time.
Other Limitations
Under no circumstances may you attempt to reverse
engineer this product. 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
-
The recipient agrees to all terms of the FMS
Software License Agreement.
-
You provide all original materials including
software disks or compact disks, and any other part of the
SOFTWARE’s physical distribution to the recipient.
-
You remove all installations of the SOFTWARE.
-
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 warranties 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.
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