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END-USER
LICENSE AGREEMENT FOR ACT4ADVISORS
TEMPLATES AND CUSTOMIZED DATABASE
THIS LICENSE DOES NOT REPLACE, SUPPLEMENT NOR MODIFY THE LICENSE
AGREEMENT FOR THE ACT! SOFTWARE PROVIDED EXCLUSIVELY BY BEST SOFTWARE.
A VALID LICENSE MUST BE SECURED BY BEST SOFTWARE OR ANY OF ITS AGENTS
FOR EACH USER. REFER TO THE ACT! LICENSE AGREEMENT TO USE THE ACT!
SOFTWARE.
SOFTWARE LICENSE AGREEMENT
--------------------------
1. License. If you accept this License, Allied Financial Software,
Inc. ("AFS") hereby licenses to you one electronic copy
of the software, database and templates you are about to install
and related documentation (the "Software"). AFS retains
all right, title and interest in and to the Software. That Software
and all parts thereof are the subject matter of various proprietary
rights, including without limitation copyrights, trade secrets,
patents and other similar intellectual and industrial property rights
("Proprietary Rights").
You may:
(i) use only one copy of the Software on a single computer;
(ii) make one copy of the Software for archival purposes, or copy
the software onto the hard disk of your computer and retain the
original for archival purposes;
(iii) use the Software on a network, provided that you have a licensed
copy of the Software for each computer and user that can access
the Software over that network;
(iv) after written notice to AFS and approval from AFS, transfer
the Software on a permanent basis to another person or entity, provided
that you retain no copies of the Software and the transferee agrees
to the terms of this agreement; and
You may not:
(i) copy the documentation which accompanies the Software;
(ii) use more than one Act4Advisors database without AFS express
written consent by way of email, fax or written;
(iii) sublicense, rent or lease any portion of the Software;
(iv) use any of the files for your use outside of the software for
which they are intended
(v) reverse engineer, decompile, disassemble, translate or make
any attempt to discover the source code of the Software; or
(vi) use a previous version or copy of the Software after you have
received a disk replacement set or an upgraded version as a replacement
of the prior version. Upon upgrading the Software, any previous
version of an upgraded version and all copies of the prior version
must be destroyed or returned to AFS. Within any such copy, you
must reproduce the copyright notices and any other proprietary legends
that were on the original copy of the Software. No license, right
or interest in any trademark, trade name or service mark of AFS
or any third party is granted under this License. You acknowledge
that neither this License, nor your subsequent registration of the
Software (should you choose to register the Software, and thereby
enable additional use or functionality), shall in any way be construed
to provide an express or implied license to use, modify or improve
any of the content of the Software, including without limitation
any works, inventions, discoveries, technology or other items which
are the subject matter of AFS's Proprietary Rights, or otherwise
to use or exploit the Software or the Proprietary Rights in any
matter not expressly permitted herein;
(vii) remove the logo nor copyright from the software, its layouts,
manual or other files;
(viii) distribute any files to any unlicensed user;
(ix) allow more users of the database than you have purchased licenses
for.
2. Restrictions. You may not attempt to create or derive any
of the source code, database design, layouts, license enforment
schema or other technology or data within the Software by disassembly,
reverse engineering or any other method, or otherwise reduce the
Software to a human-perceivable form. You may modify the database
and layouts for your personal use but you may not sell, sublicense
or otherwise distribute any customization you have made without
the prior written permission from AFS corporate officers. You may
not use, disclose, distribute, make or have made any copies of the
Software, in whole or in part. You may not rent, lease or lend the
Software without the prior written permission of AFS, provided,
however, that you may maintain a backup copy of the Software during
the term of this License. You agree to provide notice to AFS immediately
after learning of or having reason to suspect a breach of any of
the provisions set forth in this License.
3. Termination. This License is effective until terminated.
You may terminate this License at any time by removing the Software
from all of your computers, and returning all copies thereof to
AFS with a letter of explanation. This License will terminate immediately
without notice from AFS if you fail to comply with any provision
of this License. Upon termination, you must return the Software
and all copies thereof and must remove all incidents of the software
from your computer(s).
4. Disclaimer of Warranty. REGARDLESS OF WHETHER YOU LATER
CHOOSE TO REGISTER YOUR COPY OF THE SOFTWARE, THE SOFTWARE AND RELATED
DOCUMENTATION ARE PROVIDED "AS IS," WITHOUT WARRANTY OF
ANY KIND, AND AFS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT,
ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE
PRACTICE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD PARTY'S
PATENT(S), TRADE SECRET(S), COPYRIGHT(S) OR OTHER INTELLECTUAL PROPERTY
RIGHTS. AFS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN
THE SOFTWARE WILL BE CORRECTED.
Furthermore, AFS does not warrant nor make any representations regarding
the use or the results of the use of the software or related documentation
in terms of their correctness, accuracy, reliability, or otherwise.
No oral or written information or advice given by AFS or AFS's authorized
representative shall create any warranty or in any way increase
the scope of this warranty. Should the Software prove defective,
you (and not AFS or AFS's authorized representative) assume the
entire cost of all necessary servicing, repair or correction. Some
states do not allow exclusion of implied warranties, so the above
exclusion may not apply to you. This warranty gives you specific
legal rights, and you may also have other rights which vary from
state to state.
5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING
NEGLIGENCE, SHALL AFS BE LIABLE FOR ANY LOST REVENUE OR PROFITS
OR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED
DOCUMENTATION, EVEN IF AFS OR AFS'S AUTHORIZED REPRESENTATIVE HAS
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. IN NO EVENT SHALL AFS'S TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID
BY YOU FOR THE SOFTWARE.
6. Controlling Law. This License shall be governed by and
construed in accordance with the substantive laws of the State of
Georgia, notwithstanding the conflicts of law provisions of that
state or any other jurisdiction. All disputes arising out of this
license shall be subject to the exclusive jurisdiction of federal
and state courts located in Fulton County, Georgia.
7. Complete Agreement. This License constitutes the entire
agreement between the parties with respect to the use of the Software
and supersedes all prior or contemporaneous understandings or agreements,
written or oral, regarding such subject matter.software4advisors.com
OR you may call us at 800.831.7636.
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