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Definitions
LP Systems Inc. dba Express Technology ("Express Technology")
Express Technology Software ("Software")
Licensed Purchaser ("Licensee")
1. Concurrent Users
Licensee may use the Software on either a single computer or a local
area computer network on the number of workstations licensed. A local
area computer network is any combination of two or more workstations
located at a single site that are electronically linked and capable of
sharing the use of a single Software program. Licensee's use of this
Software on a computer network is authorized only if Licensee has
purchased and dedicated at least one copy of the Software from Express
Technology and is limited to use on the number of workstations for which
the Licensee has purchased licenses.
2. Media
Through periodic updates, Licensee may receive multiple CD disk copies
of the Software. Licensee may only use the disks appropriate to Licensee
computer (and/or computer network). Licensee may not use the remaining
disks on another computer (or computer network), nor may Licensee loan,
rent, lease, or transfer them to another user. If the entire Software
package is transferred to another user on a permanent basis, then all
disks must be transferred to that user. If Licensee transfers the
Software, Licensee may not retain any of the disks or copies thereof for
Licensee's own use.
3. Rental and Other Restrictions
Licensee may not rent, lend, lease, or assign this Software. Licensee
may, however, transfer the Software and any accompanying written
materials on a permanent basis. If Licensee transfers the Software on a
permanent basis, Licensee may not keep any copies, and Licensee must
remove the Software from Licensee's computer and network. Also, the
person to whom Licensee transfers the Software must agree to the terms
of this License.
4. Warranties
The software is sold "as is", without warranty, implied or
expressed. While every effort is made to insure that this product and
its documentation are free from defects, Express Technology shall not be
held responsible for any loss of profit or any other commercial damage
including, but not limited to special, incidental, consequential or
other damages occasioned by the use of this software.
5. General
Express Technology retains title to and ownership of the Software.
Express Technology retains all rights not expressly granted. Nothing in
this License Agreement constitutes a waiver of Express Technology's
rights under the U.S. copyright laws or any other Federal or State law.
Express Technology or its designee has the right to audit Licensee's
computer and Software usage to determine whether any unauthorized copies
of this program have been made. Any litigation in connection with this
agreement shall be conducted in the state of Alabama.
6. Confidentiality
Each party acknowledges that all material and information which has or
will come into the possession or knowledge of each in connection with
this contract or the performance hereof, consists of confidential and
proprietary data whose disclosure to or use by third parties will be
damaging. Both parties, therefore, agree to hold such material and
information in strictest confidence, not to make use thereof other than
the performance of this agreement, to release it only to employees
requiring such information, and not to release or disclose it to any
other party.
7. Entire Agreement
This agreement states the entire understanding and agreement between the
parties and supersedes all prior understandings, agreements, and
proposals. Only a writing signed by both parties can amend this
agreement.
8. Copyright/Trademark Notice
Any authorized copy of the Software, including authorized backup copies
if any, must include Express Technology's copyright and trademark
notices.
9. U.S. Government Restricted Rights
Software and documentation thereto are provided with RESTRICTED RIGHTS.
Use, duplication or disclosure by the Government is subject to
restrictions as set forth in sub paragraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at 52.227-7013. The
contractor/manufacturer of this Software and documentation thereto is
Express Technology Inc., P.O. Box 372, 365 Grand Ave., Fairhope, AL 36532, 888-565-0127. |
