PIMS-Classic For Windows distribution permissions and end-user license agreement
EDC Software License Agreement: You should read carefully all the terms and conditions of this Agreement between ExecUtron Development Corporation (EDC), a Wyoming corporation, and yourself (the "LICENSEE") prior to opening and installing the contained software. By opening the sealed disk package, you agree to accept all the terms and conditions of this Agreement. If you do not agree with these terms and conditions, return the program with the unopened media package, the documentation and all other material in the package along with proof of payment to the place of purchase on or before thrity days for a refund. We are willing to license the enclosed Software to you only on the condition that you accept all the terms contained in this license agreement. I. Ownership And License This is a license agreement and NOT an agreement for sale. EDC continues to own the copy of the Software contained in the package and all other copies that LICENSEE is authorized by the Agreement to make. CLIENT`S rights to use the Software are specified in this Agreement, and EDC retains all rights not expressly granted to you in this Agreement. 2. Rights Granted EDC grants the LICENSEE, a personal and non-exclusive right to use the program contained in the package and related documentation (the "Software") for the platform(s) and the number of concurrent users indicated on the diskette(s) label(s) or other enclosed materials. The terms and conditions are defined as follows: The number of concurrent users means the maximum number of simultaneously connected users who are authorized by LICENSEE at a given point in time for which EDC has received appropriate license fees for. The Software may include one or more libraries, files or other items intended to help you use the Software. EDC grants the LICENSEE the right to use these libraries, files and others items provided you comply with the terms of this agreement, on the basis of the licenses given by its suppliers. You should refer to the Documentation and the "Read Me" file included in this package for additional information. LICENSEE May: a)Install and use the Software solely for internal data processing operations on one micro-computer ("server computer") and on client computers in a single client/server computer network; client/server computer network refers to arrangements in which several micro-computers ("client computers") are connected to another computer ("server computer") dedicated to managing communications, storing common data in a database and providing database services requested by the client computers. b)Install and use the Software on only one server computer at a time. c)Use the Software on as many client computers as necessary in order to satisfy your own needs, provided Software is used by no more than the maximum of concurrent users. d)Physically transfer the Software from one server computer to another, provided that the Software is used on one server computer at a time. e) Transfer the Software on a hard disk only for use as described above provided that you do not use the original diskettes on another computer at the same time and that you can immediately prove ownership of the original diskettes. f)Make one (1) copy of the Software for back-up and archival purposes and in executable form only, provided that LICENSEE reproduces all the copyright, trademark and other proprietary notices which appear on or in the Software. g)Transfer all the LICENSEE`s right to use the Software to a third party, provided that you transfer this Agreement, the Software including all copies, updates and prior versions, and all documentation to such third party and provided that you retain no copies. Such transfer involves the termination of the license granted to LICENSEE who thereby has no longer any right to use the Software. LICENSEE May Not: a)Rent, share the Software or grant any kind of rights, regarding the Software or any portion thereof (except the rights granted in article 2) in any form to any third party without the prior written consent of EDC, which if given, is subject to the conferee`s consent to the terms and conditions of this license. b)Modify, translate, reverse-engineer, decompile, disassemble partially or completely the Software, except otherwise mentioned by the legislative measures in force. c)Remove or alter any Software identification, proprietary notice, labels or trademarks which appear on or in the Software. d)Use the back-up and archival copy (or allow anyone else to use such copy) for any purpose other than to replace the original copy in the event it is destroyed or becomes defective. e)Disclose the results of any benchmark or other test of the Software, without EDC`s prior written consent. Transfer to another operating system and/or use of the Software with more concurrent users, are subject to EDC`s standard fees in effect at the time of such transfer/upgrade. 3. Technical Support Services And Update Rights If you want to obtain technical support services and update rights to the Software from EDC, PLEASE REGISTER THE PRODUCT, BY APPROPRIATE MEANS, AS SOON AS POSSIBLE. If you purchase an updated version of the Software, it constitutes a single product with the Software you updated. If the package contains an update, licensee agrees to use the enclosed for the purpose of replacing the previous Software release license acquired by LICENSEE, to destroy and not use/not permit the use of any previous in your possession. 4. Limited Warranty And Liability EDC exclusively warrants that the Software is recorded on a media free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of delivery as evidenced by a copy of the sales receipt, provided that LICENSEE return the Software to the location where the Software was obtained. In case of such failure, EDC`s entire liability and LICENSEE`s entire remedy shall be a EDC`s option of the replacement of the diskette(s), being agreed that the replacement software will by warranted for the remainder of the original warranty period. However, if the failure has resulted from an accident or an abuse or misapplication, EDC shall have no responsibility to replace the diskette or refund the license fee. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED AND INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THIRD PARTY RIGHTS. More specifically, EDC does not warrant that the functions included in the Software will meet your requirements or that the operation will be uninterrupted or error free. The entire risk as to the use, quality, and performance of the Software is with LICENSEE. NEITHER EDC NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE DESIGN, PRODUCTION OR DISTRIBUTION OF THE SOFTWARE WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES CAUSED TO YOU, ANY USER OR THIRD PARTY, INCLUDING BUT NOT LIMITED TO THE LOSS OF PROFITS, LOSS OF DATA OR ANY OTHER FINANCIAL LOSS ARISING FROM THE USE OF THE PROGRAM OR INABILITY TO USE IT EVEN IF EDC HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, IN ANY CASE, EDC`S LIABILITY SHALL NOT EXCEED THE AMOUNT OF MONEY IN APPLICATION OF THIS LICENSE OF AGREEMENT. The foregoing does not affect or prejudice LICENSEE`S statutory rights. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitation or exclusion may not apply to LICENSEE. Some jurisdictions do not allow exclusion of implied warranty or limitation on how long an implied warranty lasts so the above limitation may not apply to the LICENSEE. 5. Intellectual Property The Software is the intellectual property of EDC and/or its suppliers protected as such by United States copyright law, international treaty provisions, and applicable laws of the country in which it is being used. Trademarks, logos and trade-names quoted in the Agreement, on or in the Software are the property of their respective owners. Any reproduction whether whole or partial of the Software is only granted on the absolute condition that it contains all the legal specifications of the Software property. 6. Confidentiality The structure and organization of the Software are valuable trade secrets and confidential information of EDC and its suppliers. 7. Term And Termination This license is effective until terminated. The LICENSEE may terminate a License at any time without cause upon written notice. This termination shall not relieve the LICENSEE from its liability to respect all the obligations claimable before the termination date. If the LICENSEE fails to comply with any provision of this Agreement, this license and your right to use the Software automatically terminate. This termination does not prevent EDC from obtaining any copy made whether partial or whole. The LICENSEE shall certify by means of a written document duly signed by a legal representative that the provisions of the present article has been respected within a time limit of thirty (30) days as from the date of termination. 8. Miscellaneous Provisions LICENSEE shall not directly or indirectly transfer the software to any country to which such transfer would be prohibited by any applicable export control laws. No change or modification to this Agreement will be valid unless it is in writing, and is signed by you and an authorized officer of EDC. If any provision of this Agreement is held to be unenforceable upon a definite legal, statutory or judicial provisions, the remainder of this Agreement shall continue in full force and effect. The waiver by EDC of one breach or default hereunder shall not constitute the waiver of any subsequent breach or default. This is the entire agreement between EDC and LICENSEE relating to the contents of this package. This Agreement supersedes any prior purchase order, communications, advertising or representations concerning the contents of the package. The relationship between EDC and the LICENSEE is that of LICENSOR/LICENSEE. In all matters relating to the present Agreement, the LICENSEE will act as an independent contractor. This Agreement will be governed by the laws in force in the County of Sonoma, State of California USA. Any dispute, controversy or claim arising out of or related to this Agreement shall be settled by adjudication before the Sonoma County courts. THE LICENSEE ACKNOWLEDGES TO HAVE READ, UNDERSTOOD AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT PRINTED ABOVE. Should you have any questions concerning this agreement or wish to request any information from EDC, please contact EDC or the local EDC subsidiary serving your country. Notice to United States Government end users. Use, duplication or disclosure by the US Government is subject to restrictions stated in paragraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013. ExecUtron is a registered trademark of Daniel S. Mosier. P.I.M.S. and EDC are registered trademarks of ExecUtron Development Corporation.
PIMS-Classic may not be sold. It can only be distributed intact with all of it`s original materials, as the original Installer application.