PLEASE READ THOROUGHLY AND CLICK "I ACCEPT" TO AGREE TO THE FOLLOWING
TERMS OR CLICK "I DON'T ACCEPT" TO RETURN TO THE PRECEDING PAGE.
THIS SOFTWARE IS NOT FOR SALE
The use of the LICENCED SOFTWARE contained in this package is subject to the following
license terms and conditions.
I. SINGLE USER SOFTWARE LICENSE
THIS IS A SINGLE USER SOFTWARE LICENSE granted by Avocet Systems, Inc., a Maine
corporation (AVOCET), with its mailing address at 120 Union Street, P.O. Box 490
Rockport, ME 04856. The software in this package is licensed to one individual
as the END USER. It is not sold. The software enclosed in this package is copyrighted
material. Once the END USER has paid the required single user license fee and
registered name, address and serial number with AVOCET, you may use the software
in adherence with copyright laws and restrictions of this license.
II. LICENSE
The END USER may use this LICENCED SOFTWARE on any computer for which it is designed
so long as the END USER is the only user of the LICENCED SOFTWARE. A company may
change the registration of a license to a different END USER to accommodate staffing
changes but not to allow sharing the LICENCED SOFTWARE.
III. RESTRICTIONS
Some of AVOCET's software includes runtime libraries. Portions of these libraries
must be incorporated into the executable versions of the software being developed
by the END USER (END SOFTWARE). The END USER is authorized to incorporate the
runtime library code linked to the executable form of END SOFTWARE in the ordinary
course of using AVOCET's products. There is no additional runtime library license
fee for the executable copies of the END SOFTWARE that you may distribute containing
normally linked runtime code. The END USER may make no more than two (2) copies
of the LICENCED SOFTWARE for backup purposes and all such copies, together with
the original, must be kept in the END USER's possession or control. The END USER
is held legally and financially responsible for any unlawful copies made of the
LICENCED SOFTWARE. The END USER is responsible for ensuring that: the LICENCED
SOFTWARE is not to be modified, decompiled, disassembled or otherwise reverse
engineered. The LICENCED SOFTWARE is not to be sold, sub-licensed, rented or leased.
The LICENCED SOFTWARE is not to be placed on a computer network unless only the
END USER is able to use it.
IV. LIMITED WARRANTY
The below express warranties are made for a period of thirty (30) days from the
date the software is received by the END USER and not to exceed forty-five (45)
days from the date of invoice. AVOCET warrants that the magnetic media, on which
the LICENSED SOFTWARE is recorded, and the documentation provided with it are
free from defects in materials and workmanship under normal use. AVOCET warrants
that the LICENSED SOFTWARE itself will perform substantially in accordance with
the specifications set forth in the documentation provided with it.
V. EXCLUSION OF OTHER WARRANTIES
AVOCET does not warrant that the functions contained in the LICENSED SOFTWARE
will meet END USER requirements or that the operation of the LICENSED SOFTWARE
will be uninterrupted or error free. The warranty does not cover any media or
documentation that has been subjected to damage or abuse. The warranty does not
cover any copy of the LICENSED SOFTWARE that has been altered or changed in any
way by anyone other than AVOCET. AVOCET is not responsible for problems caused
by changes in the operating characteristics of the computer hardware or operating
system which are made after the delivery of the LICENCED SOFTWARE. Any implied
warranties including any warranties of fitness for a particular purpose are limited
to the term of the express warranties. Some states do not allow limitations on
how long an implied warranty lasts, so the above limitation may not apply to the
END USER. AVOCET shall not in any case be liable for special incidental, consequential,
indirect or other similar damages arising from any breach of these warranties
even if AVOCET or its agent has been advised of the possibilities of such damages.
Some states do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to the END USER.
VI. END USER OBLIGATIONS
The END USER must call AVOCET's customer support department for a return authorization
number to return any defective item to AVOCET, during the warranty period. If
AVOCET's customer service representative deems that a return is appropriate subject
to this express warranty and there is no other acceptable solution, the END USER
will be provided with a return authorization number and an address for returning
the defective item for refund of the price of the product excluding shipping costs
and a 15% restock fee.
VII. OTHER CONDITIONS
The warranties set forth above are in lieu of all other express and implied warranties,
whether oral, written or implied, and the remedies set forth above are the END
USER's sole and exclusive remedies. Only an authorized officer of AVOCET may make
modifications to this warranty, or statements such as advertising or presentations,
whether oral or written, do not constitute warranties by AVOCET and should not
be relied upon as such. This warranty gives the END USER specific legal rights,
and you may also have other rights, which vary from state to state. In no case
shall AVOCET's liability exceed the license fees paid for the right to use the
LICENSED SOFTWARE.
VIII. US GOVERNMENT RESTRICTED RIGHTS
This software is Commercial Computer Software under Federal Government Acquisition
Regulations and agency supplements to them. The Software is provided to the Federal
Government and its agencies only under the Restricted Rights Provisions of the
Federal Acquisition Regulations applicable to commercial computer software developed
at private expense and not in the public domain. The Use, Duplication, or disclosure
by the Government is subject to restrictions set forth in subdivision (c)(1)(ii)
of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013(October
1988) and FAR 52.227-19(c) (June 1987)