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THIS IS A CONTRACT. PLEASE READ
IT CAREFULLY. BY INDICATING YOUR ACCEPTANCE BELOW, YOU ACCEPT ALL
THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH
THE TERMS AND CONDITIONS OF THIS AGREEMENT, DECLINE WHERE
INSTRUCTED, AND YOU WILL NOT BE ABLE TO USE THE SOFTWARE.
This document is a legal agreement between you (an individual or
business) and the company XLnow (XLnow). Use of the software
indicates your acceptance of these terms. As used in this License
Agreement, the term "Software" means the software named OnScript,
which consists of OnScript Editor, OnScript Application Server,
Script Library and additional materials downloaded from OnScript web
site or included on CDROM or other disk media provided with this
License Agreement. The term "Software" does not include any software
that is covered by a separate license offered or granted by a person
other than XLnow.
1. PROPRIETARY RIGHTS. The Software and any accompanying
documentation are the proprietary products of XLnow or its licensors
and are protected under national laws and international treaty
provisions. Ownership of the Software and all copies, modifications,
translations, and merged portions thereof shall at all times remain
with XLnow or its licensors.
2. GRANT OF LICENSE. The Software and accompanying documentation are
being licensed to you, which means you have the right to use the
Software only in accordance with this License Agreement. The
Software is considered in use on a computer when it is loaded into
temporary memory or installed into permanent memory. This License
may not be assigned or otherwise transferred without prior written
consent from XLnow, and any unauthorized transfer is null and void.
DESKTOP EDITION. You are authorized to install and use a single copy
of the Software each on up to THREE computers, for example at work
and at home on a desktop machine and on a notebook. Each permitted
copy of the Software may be used only in connection with a single
computer owned or leased by you. Once the Software has been accessed
by ONE of the THREE specific computers it may not be used on any
additional computers without purchasing additional licenses. All
copies of the Software must include the copyright, trademark, and
patent notices.
This license is PERSONAL to you and the license code includes your
name and email address. You may not sublicense, lease, sell, or
otherwise transfer the Software or any of the accompanying
documentation to any other person. You may use the Software only for
your own personal use if you are an individual, or for your own
internal business purposes if you are a business. If you are a
service bureau, integrator, value added reseller, or other type of
service provider and wish to use this software on your clients'
computers, you must purchase additional Licenses.
NETWORK EDITION. In addition to DESKTOP EDITION you are authorized
to install the full Software or portions of it on an unlimited
number of computers within your organization. You are authorized to
PERSONALLY use OnScript within your organization. If other
individuals wish to use the Software as well, the purchase of
additional Licenses is required.
UPDATES AND SUPPORT. You are entitled to receive technical support
as outlined in the Software documentation. You are entitled to
receive Software updates (updates shall include any patches or bug
fixes that XLnow makes generally available at www.onscript.com) in
accordance with XLnow policies as announced from time to time on
terms comparable to those offered to other users of the Software
under similar licenses.
TERM. This license is effective from your date of purchase and shall
remain in force until terminated. You may terminate the license and
this License Agreement at any time by destroying the Software and
the accompanying documentation, together with all copies in any
form.
3. NONPERMITTED USES. Without the express prior written permission
of XLnow, you may not (a) use, copy, modify, alter or transfer,
electronically or otherwise, the Software or documentation except as
expressly permitted in this License Agreement, or (b) translate,
reverse program, disassemble, decompile, or otherwise reverse
engineer the Software.
4. EVALUATION USES. You may install the
Software on your computer, solely for purposes of demonstration,
testing, examination and evaluation of the Software. YOUR RIGHT TO
USE THE PRODUCT SHALL BE EFFECTIVE THROUGHOUT THE EVALUATION PERIOD
DEFINED BY YOUR PERSONAL LICENSE CODE. THE SOFTWARE IS TIME
SENSITIVE AND WILL NOT FUNCTION UPON EXPIRATION OF THE EVALUATION
PERIOD. NOTICE OF EXPIRATION WILL NOT ACTIVELY BE GIVEN, SO YOU NEED
TO PLAN FOR THE EXPIRATION DATE AND MAKE A COPY OF AND REMOVE YOUR
IMPORTANT DATA BEFORE EXPIRATION. If you desire to use the product
after your evaluation is completed, you will need to purchase a full
license of the Software from the OnScript website www.onscript.com.
5. EXPORT CONTROLS. Certain uses of the Software by you may be
subject to restrictions under national and international regulations
relating to exports and ultimate end uses of computer software. You
agree to fully comply with all applicable laws and regulations.
6. LIMITED WARRANTY. (a) This Limited Warranty does not apply to any
Software that has been altered, damaged, abused, misapplied, or used
other than in accordance with this license and any instructions
included on the Software and the accompanying documentation.
(b) THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES
NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES
ARISING FROM USAGE OF TRADE OR COURSE OF DEALING.
(c) Your failure to complete the electronic registration included
with the Software may result in XLnow's inability to provide you
with updates to the Software, and you assume the entire risk of
performance and result in such an event.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL XLNOW'S LIABILITY
RELATED TO ANY OF THE SOFTWARE EXCEED THE LICENSE FEES ACTUALLY PAID
BY YOU FOR THE SOFTWARE. NEITHER XLNOW NOR ITS SUPPLIERS SHALL IN
ANY EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR
RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING
BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, AND DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER
PECUNIARY LOSS, EVEN IF XLNOW HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT,
WARRANTY, OR ANY OTHER LEGAL OR EQUITABLE GROUNDS. IF YOUR LOCAL
LEGISLATION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
8. NO WAIVER. Any failure by either party to this agreement to
enforce a specific part of the agreement in a specific situation is
not a waiver of rights under the agreement. The party may still
enforce the rest of the agreement in that situation and may still
enforce some or all of the agreement in other situations.
9. This License Agreement constitutes the entire agreement between
you and XLnow pertaining to its subject matter. This License
Agreement is governed by the laws of the Canton of Solothurn,
Switzerland. Any litigation arising from this license will be
pursued only in the cantonal or federal courts located in Solothurn.
Even if part of the agreement is held invalid, the rest of the
agreement is still valid, binding and enforceable.
Should you have any questions concerning this Agreement, or if you
desire to contact XLnow for any reason, please write: XLnow,
Sonnenrainweg 12, 4514 Lommiswil, Switzerland.
Copyright © 1998-2006 XLnow. All rights reserved. The Software may
be protected by Swiss patents, with other patents pending in
Switzerland and elsewhere. OnScript is a registered trademark of
XLnow.
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