Software License Agreement for Total Access Memo
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
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.
OF THE SOFTWARE
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.
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.
you, the licensed developer, the right to distribute the SOFTWARE
custom control files (those with a file extension of *.OCX) on a
non-exclusive, royalty free basis, provided that:
developer using the program owns a license of the SOFTWARE
not distribute any of the SOFTWARE’s License files (those files with
a file extension of *.LIC)
not distribute the custom control files, in whole or in part, in any
form that does not add primary and substantial value to the custom
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
claim a copyright, you must add a clause stating, "Portions of this
program are Copyright Total Access Memo from FMS, Inc." and that you
do not claim ownership of the SOFTWARE
not permit (either by explicit or implicit means) further
distribution of the SOFTWARE by your end users
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 and are not accepted if the original developer
already distributed applications using the SOFTWARE.
SOFTWARE is marked, "NOT FOR RESALE," you may not sell or resell the
SOFTWARE, nor may you transfer the FMS Software license.
SOFTWARE is not marked, "NOT FOR RESALE," you may transfer your
license of the SOFTWARE to another user or entity provided that:
not distributed applications including the SOFTWARE
recipient agrees to all terms of the FMS Software License Agreement
provide all original materials including software disks or compact
disks, and any other part of the SOFTWARE's physical distribution to
remove all installations of the SOFTWARE
notify FMS, in writing, of the ownership transfer.
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.
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
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.
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.
WARRANTY AND REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE
EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR
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
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.
Access Memo is copyright by FMS, Inc. All rights reserved.
Access, Visual Basic, Visual Basic for Applications, Microsoft
Windows, Windows for Workgroups, and Windows NT are registered
trademarks of Microsoft Corporation.