Employee Scheduling Software by EDP 2.0.1.6

EULA - End User License Agreement

License Agreement and Limited Warranty

1. NOTICE. WE ARE WILLING TO LICENSE THE ENCLOSED SOFTWARE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE ACCEPTING THE SOFTWARE PACKAGE. BY ACCEPTING THE PACKAGE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS WE ARE UNWILLING TO LICENSE THE SOFTWARE TO YOU, AND YOU SHOULD NOT ACCEPT THE PACKAGE. IN SUCH CASE, PROMPTLY RETURN THE PACKAGE BEFORE INSTALLING THE SOFTWARE OR MAKING BACK COPY/COPIES OF THE SOFTWARE, AND ALL OTHER MATERIAL IN THE PACKAGE TO THE AUTHORIZED DEALER FROM WHOM YOU OBTAINED IT FOR A FULL REFUND OF THE PRICE YOU PAID.

2. Ownership and License. This is a license agreement and NOT an agreement for sale. We continue to own the copy of the software contained in the package and all other copies that you are authorized by this Agreement to make (the Software). Your rights to use the Software are specified in this Agreement, and we retain all rights not expressly granted to you in this Agreement. Nothing in this Agreement constitutes a waiver of our rights under the Copyright law or any other federal or state/provincial law.

3. Permitted Uses. You are granted the following rights to the Software:

(a) Right to Install and Use. You may install and use the Software on the hard disk drive of any single computer that you own. However, you may not under any circumstances have the Software installed onto the hard drives of two or more computers at the same time, nor may you install the Software onto the hard disk drive of one computer and then use the original diskettes on another computer. If you wish to use the Software on more than one computer, you must either erase the Software from the first hard disk drive before installing it onto a second hard disk drive, or else license an additional copy of the Software for each additional computer on which you want to use it. If you have a client-server license, then you may install and use the Software on as many computers as you have the permission for. For example, if you have 5-workstation license, then you may install and use the Software on up to 5 computers. You may not install the software on a server. In the case of client-server license, only the database resides on the server.

(b) Right to Copy. You may make one copy the Software for backup and archival purposes, provided that the original and the copy are kept in your possession, and that your installation and use of the Software does not exceed that allowed in part (a) above.
(c) Right to Modify. You may not modify or merge the Software into another program without a written permission from EDP Software.

(d) Right to Transfer. You may not rent, lend, or lease this Software. However, you may transfer this license to use the Software to another party on a permanent basis by transferring this copy of the License Agreement, copy/copies of the Software, and all documentation. You must, at the same time, either transfer to the other party, or destroy all your copies, modifications or merged portion of the Software. Such transfer of possession terminates your license from us. Such other party shall be licensed under the terms of this Agreement by its initial use of the Software. If you transfer the Software, you must remove the Software from your hard disk drive and you may not retain any copies of the Software for your own use.

4. Prohibited Uses. You may not, without written permission from us:

(a) Use, copy, modify, merge, or transfer copies of the Software and documentation except as provided in this Agreement;

(b) Use any backup or archival copies of the Software or allow someone else to use such copies for any purpose other than to replace the original copy in the event it is destroyed or becomes defective;

(c) Disassemble, decompile or Aunlock@, reverse translate, or in any manner decode the Software for any reason; or

(d) Sublicense, lease, or rent the Software.

5. Limited Warranty. We make the following limited warranties, for a period of 30 days from the date you acquired the Software from us or our authorized dealer:

(a) Media. The disks and documentation in the package will be free from defects in material and workmanship under normal use. If the disks or documentation fail to conform to this warranty, you may, as your sole and exclusive remedy, obtain a replacement free of charge if you return the defective disk or documentation to us with a dated proof of purchase. If you downloaded the files from EDP’s server, and the downloaded files are defective, then EDP Software will load the files again onto the server for you to download again.

(b) Software. The Software in the package will materially conform to the documentation that accompanies it. If the Software fails to operate in accordance with the warranty, you may, as your sole and exclusive remedy, return all of the Software and the documentation to the authorized dealer from whom you acquired it, along with a dated proof of purchase, specifying the problem, and he will provide you with a new copy of the Software or a full refund at his election.
(c) WARRANTY DISCLAIMER. THIS SOFTWARE IS LICENSED TO YOU "AS IS," AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY. WE DO NOT WARRANT THAT THIS SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. WE EXCLUDE AND EXPRESSLY DISCLAIM ALL EXPRESSED AND IMPLIED WARRANTIES NOT STATED HEREIN, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EDP SOFTWARE DOES NOT WARRANT THAT THIS SOFTWARE DOES NOT INFRINGE ANY RIGHTS OF THIRD PARTIES.

6. LIMITATION OF LIABILITY. OUR LIABILITY TO YOU FOR LOSSES SHALL BE LIMITED TO DIRECT DAMAGES, AND SHALL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE SOFTWARE, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Export Controls. You agree that you will not directly or indirectly transfer the Software or documentation to any country to which such transfer would be prohibited by law.

8. Termination. This license and your right to use this Software automatically terminates if you fail to comply with any provisions of this Agreement, destroy the copies of the Software in your possession, or voluntarily return the Software to us. Upon termination you will destroy all copies of the Software and documentation. Otherwise, the restrictions on your rights to use the Software will expire upon termination of the copyright to Software.

9. Miscellaneous provisions. This Agreement will be governed by and construed in accordance with the substantive laws of the Province of New Brunswick, Canada. This is the entire agreement between us relating to the contents of this package, and supersedes any prior purchase order, communications, advertising or representations concerning the contents of this package. No change or modification of this agreement will be valid unless it is in writing, and is signed by us.