Basic Advantage Combo distribution permissions and end-user license agreement

License Agreement for Basic Advantage™

The Basic Advantage™ Software was developed by Formative Software, Inc., which is referred to herein as the “Licensor”.

This legal document is an agreement between you and the Licensor. Licensor is willing to license the Software to you only upon the condition that you accept all of the terms contained in this license agreement. Please read the terms carefully, and if you do not agree with the terms, do not use the Software.

The Software and documentation are protected under applicable intellectual property laws, copyright laws, international treaty provisions, and trade secret statuses of the various states. This is not an agreement for the sale of the Software, the documentation, or part thereof. Your right to use the Software and documentation is limited to the terms and conditions contained herein.

You may make a copy of the Software solely for backup or archival purposes. You may not otherwise make copies of the Software or the documentation. Any commercial reproduction of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. The License granted herein is limited solely to the uses specified below. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that applicable law, notwithstanding this limitation, expressly permits such activity. Confidential information and copyrighted materials contained in the Software and documentation may not be used for creating computer programs or other materials for sale, resale, license, or for remunerated personal or commercial reproduction or commercial distribution without the prior consent of Licensor. Licensor reserves all rights not expressly granted.

Evaluation Use: You may install one copy of the Software on a single computer, device, workstation, terminal, or other digital electronic or analog device (“Device”). You may use the Software for a period of 15 days from the date of installation solely for the purpose of evaluating the Software.

Permanent License Use: Use of the Software beyond the 15-day evaluation period requires that you obtain from the Licensor a permanent license and that you register with the Licensor to obtain an associated Serial Number. Under the Permanent License, you may install one copy of the Software on a single Device, and you may use the Software for an unlimited time. You may transfer the Software to a different Device, provided that you first remove it completely from the Device on which it is currently installed.

Your license to use the Software and documentation will automatically terminate if you fail to comply with the terms of this Agreement. If this license is terminated, you agree to destroy/delete and/or remove all copies of the Software in your possession.

The Software and documentation are provided “as-is” without warranty of any kind. You hereby waive any and all warranties, both express and implied, relating to the software, documentation, media, downloadable electronic package, or this license, including but not limited to warranties of merchantability, fitness for a particular purpose, title and noninfringement. In no event shall Licensor be liable for incidental or consequential damages, including but not limited to loss of use, loss of revenues or profit, loss of data or data being rendered inaccurate or losses sustained by third parties even if Licensor have been advised of the possibilities of such damages. No oral or written information or advice given by Licensor, their employees, distributors, resellers, or agents shall increase the scope of the above warranties or create any new warranties; we disclaim and exclude all implied or express warranties. Specific legal rights may vary from state to state. Some states do not allow the limitation or exclusion of liability for consequential damages, so the above limitation may not apply to you.

Licensor takes pride in its work and has made reasonable efforts to ensure that the Software functions as described and processes data accurately. However, due to the complexity of the Software, it is possible that use of the Software could lead unintentionally to the loss or corruption of data. You assume all risks for such data loss or corruption, including but not limited to all risks associated with reliance on use of data processed using the Software. Licensor does not warrant the Software, does not assume any liability regarding the Software, and does not undertake to furnish any support or information regarding the Software. In no case will the Licensor’s liability exceed the amount of the license fee actually paid by you to the Licensor.

Licensor represents and warrants that it has title to and sole ownership of the Software and documentation and is authorized to grand use of the Software and documentation provided herein. Licensor agrees that, at its own expense, it shall indemnify, defend and hold harmless users of the Software from and against any losses, liability, damages, cost and expenses incurred by or awarded against users as a result of any claim that the possession, license or use of the Software in accordance with the License Agreement infringes the U.S. copyright or patent rights of a third party, conditioned upon users notifying Licensor promptly of any claim of which it has notice, not making any admission as to the liability or compromise or agree to any settlement or any claim without Licensor’s prior written consent, and giving Licensor the exclusive right to conduct or settle such claim.

This Agreement shall be governed by the laws of the State of Tennessee, and shall inure to the benefit of Licensor, its successors, representatives, and assigns. The License granted hereunder may not be assigned, sublicensed, or otherwise transferred. If any provisions of this License Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall in no way be affected or impaired thereby. You further consent to jurisdiction by the state and federal courts sitting in the State of Tennessee. If either Licensor or you employ attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees.

The Software and documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Formative Software, Inc., 1914 Nolina Road, Knoxville, Tennessee 37922.

You acknowledge that the Software and documentation acquired hereunder is subject to the export control laws and regulations of the U.S.A., and any amendments thereof. You confirm that with respect to the Software, you will not export or re-export them, directly or indirectly, either to (i) any countries that are subject to U.S.A. export restrictions (currently including, but not necessarily limited to, CUBA, the Federal Republic of Yugoslavia (Serbia and Montenegro), Iran, Iraq, Libya, North Korea, Sudan, South Africa (military and police entities), Syria, and Vietnam); (ii) any end user who you know or have reason to know will utilize them in the design, development, or production of nuclear, chemical, or biological weapons; or (iii) any end user who has been prohibited from participating in the U.S.A export transactions by any federal agency of the U.S.A. government. You further acknowledge that the Software may include technical data subject to export and re-export restrictions imposed by U.S.A. law.

This License Agreement represents the entire agreement between you and Licensor relating to the Software, and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software or any other subject matter covered by herein. To the extent the terms of any Licensor policies conflict with the terms of this License Agreement, the terms of this License Agreement shall control.

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