Quality Window distribution permissions and end-user license agreement
Quality Window v5.0 License Agreement
This is a legal agreement between the purchaser "LICENSEE") and Busitech ("LICENSOR").
If the LICENSEE does not agree to any or all of this License Agreement the LICENSEE must return this product to the point of purchase within 30 days of the date of purchase for a full refund of the purchase price. By keeping and using this product the LICENSEE agrees all of the terms of this license agreement.
1. The Software - Quality Window v5.0
Quality Window v5.0 , the product, is sold as a program and example data files, (the "Software") along with the supplied documentation.
All programs and data files supplied by the Busitech are considered part of the product Quality Window v5.0 - "The SOFTWARE".
2. Licensor grants to LICENSEE:
The right to use this SOFTWARE on any single computer, provided the SOFTWARE is in use on only one computer at one time. If you have multiple licenses for the SOFTWARE, then at any time you may have as many copies of the SOFTWARE in use as you have licenses.
The SOFTWARE is considered "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (i.e. hard disk, CD ROM, or other storage devices) of that computer.
The LICENSEE may NOT network the SOFTWARE or otherwise use it on more than one computer at the same time, EXCEPT as stated in FOLLOWING paragraph.
In the case of the SOFTWARE is to be used on a network the LICENSEE is required to have a reasonable mechanism or process in place to assure the number of persons using the SOFTWARE concurrently does not exceed the number of licenses purchased by the LICENSEE. The SOFTWARE installed on a network server for the sole purpose of distribution to other computers is not "in use".
All data files created through the use of the SOFTWARE are the sole property of the LICENSEE.
The Grant of License does NOT include the right to distribute any part of the SOFTWARE or any part of Quality Window v5.0 not expressly stated as permitted under this License Agreement.
3. Quality Window v5.0 Copyright
The SOFTWARE is owned by Busitech and is protected by the copyright laws of Canada, the United States of America and International Treaty provisions and executive agreements.
As a result, the SOFTWARE must be treated like any other copyrighted material (i.e. a book or musical recording) Except that (a) one copy of the SOFTWARE may be made solely for backup or archival purposes, or (b) the SOFTWARE may be transferred to a hard disk and the original kept solely for backup or archival purposes. The printed materials, including but not limited to the manuals and license agreements, accompanying the software may not be copied without the express written consent of Busitech.
4. Other Restrictions
This software may not be leased or transferred for any reason, nor may it be modified, reverse engineered, decompiled or disassembled.
5. SOFTWARE Support
Upon purchase of the SOFTWARE the LICENCEE is entitled to unlimited technical support by phone, fax and or Internet web site for the resolution of technical issues related to the use of the SOFTWARE. The LICENCEE also has the option to purchase, for a fee at any time, training on the use of the SOFTWARE. This training can consist of attending a regularly scheduled training course at Busitech or, where numbers warrant, holding a training course at a LICENCEES specified location.
6. Limited Warranty
Licensor warrants that the diskettes and printed documentation enclosed herein are free of physical defects in material and workmanship for a period of 30 days from the date of purchase.
THE ABOVE IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY THE LICENSOR.
LICENSOR MAKES AND LICENSEE RECEIVES NO WARRANTY EXPRESSED OR IMPLIED AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT FOR CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE STATED EXPRESSED WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF LICENSOR FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE SOFTWARE SYSTEMS.
If any modifications are made to the SOFTWARE by the Licensee during the warranty period, this warranty shall be considered null and void.
LICENSEE AGREES THAT LICENSOR'S LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR WARRANTY SHALL NOT EXCEED ANY AMOUNTS PAYABLE BY LICENSEE FOR THE SOFTWARE IDENTIFIED ABOVE.