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Appendix A: License Agreement
eComStation End User License Agreement
READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT
CAREFULLY BEFORE INSTALLING AND USING THIS COMPUTER
SOFTWARE AND THE ACCOMPANYING USER DOCUMENTATION (THE
"PROGRAM"). THE PROGRAM IS COPYRIGHTED AND LICENSED (NOT
SOLD). BY INSTALLING THE PACKAGE CONTAINING THE PROGRAM,
YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE
AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS
OF THIS LICENSE AGREEMENT, YOU SHOULD PROMPTLY RETURN THE
PACKAGE TO YOUR DISTRIBUTOR AND YOU WILL RECEIVE A REFUND
OF YOUR MONEY. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE
AGREEMENT CONCERNING THE PROGRAM BETWEEN YOU AND
SERENITY SYSTEMS INTERNATIONAL, AND IT SUPERSEDES ANY PRIOR
PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE
PARTIES.
NOTE:
IF YOU ARE USING A PREVIEW 1 COPY OF THIS SOFTWARE, YOU
ARE REQUIRED TO INSTALL THE GENERALLY RELEASED PRODUCT. AT
THAT TIME, NO FURTHER USE OF THE PREVIEW SOFTWARE IS
AUTHORIZED. USERS OF PREVIEW 2.x AND 3.x MAY REQUEST
EXTENSIONS REGARDING CONTINUED USE OF THE PREVIEW PRODUCT.
1.
License Grant:
Licensor hereby grants to you, and you accept, a nonexclusive
license to use the Program and the computer programs contained therein in
machine readable, object code form only (collectively referred to as the
"Software", see Information About Your Software, Section 12 of this
document), and the accompanying User Documentation, only as authorized in
this License Agreement. A license for each copy of eComStation is required for
each computer owned, leased, or otherwise controlled by you; or in the event of
the inoperability of that computer, on a backup computer selected by you.
Neither concurrent use on two or more computers nor use in a local area
network or other network is permitted without separate authorization and the
payment of other license fees.
In addition to your primary computer, eComStation may be stored on secondary
machine, such as a home or portable computer, provided that eComStation is
not in active use on both machines at the same time. This would expressly
prohibit running Desktop on Call to access eComStation on the primary
computer from the secondary machine, a home or portable computer.
You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or
share your rights under this License Agreement without permission from
Serenity Systems International. You agree that you may not reverse assemble,
reverse compile, or otherwise translate the Software.
A program is considered in use when it resides in memory or is otherwise
stored in the machine. A program stored on a network server, solely for the
Appendix A: License Agreement 33
purpose of being distributed to other machines is not considered to be in use.
But your use may not exceed the total number of users authorized. You may
transfer all your rights and obligations under this license to another party. To
transfer such rights and obligations, you must transfer an unaltered copy of this
license agreement.
Upon loading the Software into your computer, you may retain the Program
Media for backup purposes. In addition, you may make one copy of the
Software on a second set of media for the purpose of backup in the event the
Program media is damaged or destroyed. You may make
one copy of the User's
Manual for backup purposes. Any such copies of the Software or the User's
Manual shall include Licensor's copyright and other proprietary notices. Except
as authorized under this paragraph, no copies of the Program or any portions
thereof may be made by you or any person under your authority or control.
2.
Licensor's Rights:
You acknowledge and agree that the Software and the
User's Manual are proprietary products of Licensor protected under U.S.
copyright law and other countries as appropriate. You further acknowledge and
agree that all right, title, and interest in and to the Program, including
associated intellectual property rights, are and shall remain with Licensor. This
License Agreement does not convey to you an interest in or to the Program, but
only a limited right of use revocable in accordance with the terms of this
License Agreement.
3.
License Fees:
The license fees paid by you are paid in consideration of the
licenses granted under this License Agreement. Payments must be made to
Serenity Systems International, or designated distributors and resellers from
whom you acquired eComStation. You agree to notify Serenity Systems, or its
distributors or resellers, and pay any applicable charges if you change the
number of users.
4.
Term:
This License Agreement is effective upon your installation and use of
this package and shall continue until terminated. You may terminate this
License Agreement at any time by returning the Program and all copies thereof,
save one copy which may be kept for your archive, and extracts therefrom to
Licensor. Licensor may terminate this License Agreement upon the breach by
you of any term hereof. Upon such termination by Licensor, you agree to return
to Licensor the Program and all copies and portions thereof.
5.
Limited Warranty:
Licensor warrants, for your benefit alone, for a period of
90 days from the date of commencement of this License Agreement (referred to
as the "Warranty Period") that the Program media in which the Software is
contained are free from defects in material and workmanship. Licensor further
warrants, for your benefit alone, that during the Warranty Period the Program
shall operate substantially in accordance with the functional specifications in
the User's Manual. Serenity Systems does not warrant uninterrupted or
error-free operation of eComStation.
If during the Warranty Period, a defect in the Program appears, you may return
the Program to your distributor for either replacement or, if so elected by
distributor, refund of amounts paid by you under this License Agreement. You
34 eComStation Manual
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