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FBM SOFTWARE® ZeroNetHistory 2005® SOFTWARE End User License Agreement (EULA)
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND FBM SOFTWARE. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION
PROCESS AND USING THE SOFTWARE.
BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN SELECT THE "CANCEL" BUTTON, DO NOT INSTALL THE SOFTWARE, AND DELETE IT FROM YOUR SYSTEM.
1. Definitions
"Software" means the FBM SOFTWARE® ZeroNetHistory 2005® program supplied by FBM SOFTWARE herewith, which may also include documentation, associated media, printed materials, and online and electronic documentation.
2. License
This EULA allows you to:
(a) Install and use the Software on a single computer; OR install and store the Software on storage device, such as a network server; used only to install the Software on your other computers over an internal network, provided you have a license for each separate computer on which the Software is installed and run. A single license for the Software may not be shared or used concurrently on different computers.
You agree that FBM Software may audit your use of the Software for compliance with the EULA at any time, upon reasonable notice.
(b) Make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software.
You must not remove or alter any copyright notices on all copies of the Software product.
3. License Restrictions
(a) Other than as set forth in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
(b) You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
(c) You may not rent, lease, or sublicense the Software.
(d) You may permanently transfer all of your rights under this EULA only as part of a sale or transfer, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, and the serial numbers), and the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must include all prior versions of the Software.
You may not sell or transfer any Software purchased under a volume discount.
(e) You may not modify the Software or create derivative works based upon the Software.
4. Upgrades
If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis.
You agree by your installation and use of this copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or entity unless such transfer is pursuant to Section 3.
5. Ownership
The foregoing license gives you limited license to use the Software. FBM SOFTWARE and its suppliers retain all right, title and interest, including all copyrights, in and to the Software and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by FBM SOFTWARE and its suppliers.
6. Termination
Your rights under this EULA cease upon the termination of your FBM Software EULA.
In the event that you fail to comply with this EULA, FBM SOFTWARE may terminate the license and you must destroy all copies of the Software.
7. LIMITED WARRANTY AND DISCLAIMER
(a) LIMITED WARRANTY. FBM SOFTWARE warrants that: (i) when used with a recommended hardware configuration, the Software will perform in substantial conformance with the documentation supplied with the Software; and (ii) the physical media on which the Software is furnished will be free from defects in materials and workmanship under normal use.
(b) NO OTHER WARRANTY. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, FBM SOFTWARE AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES,
EITHER EXPRESS OR IMPLIED, OR OTHERWISE INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ALSO, THERE IS NO WARRANTY OF NONINFRINGEMENT, TITLE OR QUIET ENJOYMENT. IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE,
ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FBM SOFTWARE,
ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
8. Exclusive Remedy
Your exclusive remedy under Section 6 is to return the Software to the place you acquired it, with a copy of your receipt and a description of the problem.
FBM SOFTWARE will use reasonable commercial efforts to supply you with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective media, or refund to you your purchase price for the Software, at its option. FBM SOFTWARE shall have no responsibility if the Software has been altered in any way, if the media has been damaged by accident, abuse or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware configuration.
9. LIMITATION OF LIABILITY
NEITHER FBM SOFTWARE NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF BUSINESS INFORMATION, INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE
OR INABILITY TO USE THE SOFTWARE OR THIS EULA BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,EVEN IF FBM SOFTWARE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
10. Basis of Bargain
The Limited Warranty, Exclusive Remedies and Limited Liability set forth above are fundamental elements of the basis of the agreement between FBM SOFTWARE and you. FBM SOFTWARE would not be able to provide the Software on an economic basis without such limitations.
11. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
This Software and the documentation are provided with "RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer: FBM SOFTWARE, Inc., 3450 E. Russell Rd. Las Vegas, Nevada 89120 USA.
FBM SOFTWARE® and ZeroNetHistory 2005® are trademarks or registered trademarks of FBM SOFTWARE in the United States and/or other countries. Third party trademarks, trade names, product names, and logos may be trademarks or registered trademarks of their respective owners.