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FORCE10 SOFTWARE LICENSE AGREEMENT
1. License. FORCE10 grants you the nonexclusive right to use the enclosed software, "InvestaCalc", product (consisting of software and accompanying documentation) for personal use only, on the following terms. FORCE-10 retains ownership of the software and documentation and all rights not specifically given to you in this license.
2. Copying. You may not copy any parts of the software except (a) to make backup copies and (b) if you have purchased a multiple-user license, as reasonably needed to provide access to the permitted number of users in accordance with paragraph 3 below. You must include FORCE-10`s copyright notice on any copy you make. No part of the accompanying documentation may be copied for any reason.
3. Restrictions On Use. The rights you have as a user depend upon the license fee you have paid. Unless you have purchased additional rights, you have a single-user, single-company license. With a single-user, single-company license, the original and any backup copies of the software and its accompanying documentation can be used only by one person to process data for one "Company" (as defined below). You may transfer the software from one computer to another, but the software can be used by one person at a time to process the data of a single Company.
If you have purchased multi-user rights, the original and any backup copies of the software and its accompanying documentation can be used by the maximum number of users for which the multi-user license has been purchased, on a single local area or wide area network, to run the program for one Company. You may transfer the software from one computer to another on the network, but the software can be used at any one time by no more than the number of users for which the multi-user license has been purchased to process the program for the same single Company. The software may reside on multiple servers or workstations on the network, so long as the multi-user limit is not violated or impaired.
If you have purchased multi-company rights, the original and any backup copies of the software and its accompanying documentation can be used to process the data for the maximum number of "Companies" (as defined below) for which the multi-company license has been purchased. Regardless of any multi-company rights you may have purchased, the number of users is still limited in accordance with the single or multi-user license you have purchased. If you have purchased multi-user rights in addition to multi-company rights, you may have up to the licensed number of users use the software at any one time, but the software can be used to process data for no more than that number of Companies for which the multi-company license has been purchased. The software may reside on multiple servers or workstations on the network, so long as neither the multi-company nor the multi-user limit is violated or impaired.
For purposes of a single-company license, "Company" shall mean a single corporation, partnership, sole proprietorship or other entity, with its own set of records. The software may not be used to process the data of any other entity other than the Company. For purposes of a multi-company license, each of which is controlled by or under common control with the company to whom this license is granted and each of which has its own set of records. "Control" of an entity means ownership of at least 50% of the shares entitled to elect the board of directors or another management relationship sufficient to control the entity`s business policies and activities. The software may not be used to process the data of any entity that is not one of the Companies so defined.
If you have expanded from a single-user to a multi-user license and/or from a single-company to a multi-company license, any new multi-user restrictions supersede the single-user restrictions under which you were previously licensed and any new multi-company restrictions supersede the single-company restrictions under which you were previously licensed.
You may transfer the software electronically from one computer to another or over a network, provided the multi-user and multi-company limitations are not impaired. You may not modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the software or the accompanying documentation. You may not sublicense, assign or transfer (including transfer by rental) this software or the accompanying documentation or the right to se it, and any attempt to do so will void this agreement.
4. Warranty. YOU ACCEPT THE SOFTWARE, DOCUMENTATION AND DISKETTES "AS-IS". FORCE-10 DISCLAIMS ALL WARRANTIES, OF ANY KIND REGARDING THE SOFTWARE, DOCUMENTATION AND DISKETTES, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Any statements made by a dealer or any party other than FORCE-10 are not warranties and you cannot rely on them in deciding to license the software.
5. Limitation of Liability. NEITHER FORCE10 NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS SOFTWARE OR ITS ACCOMPANYING DOCUMENTATION SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF ANTICIPATED PROFIT OR BENEFITS, RESULTING FROM THE USE OF THE SOFTWARE OR ITS DOCUMENTATION OR ARISING OUT OF ANY BREACH OF WARRANTY. FORCE-10`S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE PRICE YOU PAID FOR THE FORCE-10 PRODUCT THAT CAUSED THE DAMAGES.
6. Termination. You may terminate this agreement by returning all your copies of the software and documentation to FORCE-10. This license terminates automatically and without notice to you if you fail to comply with any provision of this license agreement. You agree to return all copies of the software and documentation to FORCE-10 upon any termination.
7. U.S. Government Restricted Right. If you are acting on behalf of any unit or agency of the United States Government, the following provisions apply. Any products you acquire under this agreement for or on behalf of the United States Government are provided to you and the United States of America with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 and paragraph (d) of the "Commercial Computer Software - Restricted Rights" clause at FAR 52.227-19.
8. Export of Product. You acknowledge that the Products licensed hereunder may be subject to export regulations promulgated by the United States Department of Commerce and U.S. Department of State, and may require the specific written permission of such Departments to export these products. You hereby agree that it does not intend to and will not knowingly, without the prior written consent, if required, of the Bureau of Export Administration of the United States Department of Commerce, Washington D.C. 20230, export or transmit directly or indirectly any FORCE-10 Products or direct data therefrom to Iran, Iraq, Syria, the People`s Republic of China, South Africa military and police, or to any Group Q, S, W, Y, or Z country as listed in Supplement No. 1 to Section 770 of the Export Administration Regulations issued by the United States Department of Commerce or to any other country to which such transmission is restricted by such regulations, prohibitions issued by the Department of State, Department of Treasury or applicable United States Statutes. You agree to promptly inform FORCE10 in writing in the event that it shall obtain or seek to obtain any written export consents from the Office of Export Administration pursuant to subsection20.2 hereof.
9. Section Headings. The Section heading used in this Agreement are intended for convenience only and shall not be deemed to modify, supersede or alter any of the provisions of this Agreement.
10. Complete Agreement. You Acknowledge that you have read this license agreement, and that it is the complete and exclusive agreement between you and FORCE-10 regarding the software and accompanying documentation. This Agreement shall be construed and controlled by the laws of the State of Washington, U.S.A. and you consent to jurisdiction and venue by the state and federal courts sitting in the State of Washington, U.S.A.
Please keep this license agreement for your records.
FORCE10 SOFTWARE
2845 30th Ave. W.
Seattle, WA 98199
info@investacalc.com
(206) 499-0154