CDS, Inc.
Limited Use Software License Agreement Limited Warranty and Update Policy
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Crichlow Data Sciences, Inc. (CDS) provides this system and licenses its use. You assume responsibility for the selection of the system to achieve your intended results, and for the installation, use, and results obtained from the system.
1. Grant of License CDS, Inc., hereby grants to you and you accept a license to you The General Store and related materials, including, but not limited to the installation guide, security key, etc., on a single computer or on a subsequent, but not additional computer. You agree that you will not transfer or sub-license your right under this agreement, and CDS, Inc. reserves the right to sell or give licenses to use The General Store to other persons or firms. A sealed copy of The General Store has been furnished to you in accordance with this license agreement. If you wish to use The General Store on more than one computer system, you must obtain another licensed copy of The General Store, or request a multi-user license from CDS, Inc.
2. Term The license agreement is in effect from the day you open the sealed package containing the magnetic medium on which The General Store is recorded, and continues until you return to CDS, Inc. the original media, all copies of the software, and all related devices.
3. Crichlow Data Sciences, Inc.'s Rights You acknowledge that the materials are the sole and exclusive property of CDS, Inc. By accepting this license, you do not become the owner of the Materials, but you have the right to use the Materials as outlined and limited in this agreement. You further agree not to transfer the Materials in any form to any person without the prior approval of CDS, Inc. You will use your best efforts and take all reasonable steps to protect Materials from unauthorized reproduction, publication, disclosure, or distribution.
4. Your Agreement You agree not to copy the Materials received from CDS, Inc. in whole or in part, except for backup or archive purposes, unless CDS, Inc. consents in writing. No more than three (3) copies may be in existence under this license at any time.
5. Limited Warranty CDS, Inc. warrants the magnetic media on which The General Store is recorded as well as related printed materials to be free from defects in materials or faulty workmanship in normal use and service for a period of ninety (90) days from the effective date of this agreement. If, during this ninety (90) day period, a defect in the media should appear, the media may be returned to CDS, Inc. for replacement without charge, provided that you have submitted the limited use acknowledgement.
Except for the warranty described in the above paragraph, there are no warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, and all such warranties are expressly and specifically disclaimed.
6. Liability. You agree that regardless of the form of any claim, CDS, Inc.'s liability for any damages to you or to any other property shall not exceed the license fee paid for the materials. In no event shall Crichlow Data Sciences, Inc. be responsible for any indirect or consequential damages or lost profits, even if Crichlow Data Sciences, Inc. had been advised of the possibility of such damages. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
7. Updates. If the version of The General Store that you receive is not current as of the date of purchase, CDS, Inc. will send you the latest version at no charge. We will also notify you of any subsequent updates, and the price for which they may be obtained. All updates which are provided to you shall become part of the Material and be governed by the terms of this license agreement.
8. Copyright Infringement. this software and manual are both protected by the US Copyright Law [Title 17, United States Code]. Unauthorized reproduction and\or sales may result in imprisonment of up to one year and fines of up to $10,000 [17 USC 506]. Copyright infringes may also be subject to civil liability.
9. Attorneys Fees. if any legal action is brought by either party to this license agreement against the other party regarding the subject matter of this license agreement, the prevailing party shall be entitled to recover, in addition to any other relief, reasonable attorneys fees and expenses.
10. Whole Agreement. This license agreement constitutes the entire software license agreement between you and CDS, Inc.
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