FARGOS Development, LLC

End-User License Agreement


NOTICE TO USER:

THIS IS A CONTRACT. PLEASE READ IT CAREFULLY. BY OPENING THIS PACKAGE OR DOWNLOADING THE ASSOCIATED DISTRIBUTION FILE YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL NOT BE ABLE TO USE THE SOFTWARE. IF YOU DO NOT ACCEPT THIS AGREEMENT AND HAVE PROOF OF PAYMENT, YOU MAY RETURN THE UNUSED SOFTWARE TO THE LOCATION FROM WHICH YOU ACQUIRED IT WITHIN THIRTY (30) DAYS FOR A REFUND OF THE LICENSE FEE.
REGARDLESS OF HOW YOU ACQUIRE THE SOFTWARE (ELECTRONICALLY, PRELOADED, ON MEDIA OR OTHERWISE), BY USING IT YOU AGREE TO THE TERMS OF THIS AGREEMENT.

This FARGOS Development, LLC ("FARGOS") End-User License Agreement ("Agreement") sets forth the terms and conditions under which you are licensed to use the Software. Software means (A) all of the contents of the disk(s), CD-ROM(s), or other media with which this Agreement is provided, including but not limited to (i) FARGOS or third-party software; (ii) related explanatory written materials ("Documentation"); and (B) modified versions, upgrades, updates, additions, and copies of the Software, if any, licensed to you by FARGOS (collectively, "Updates"). The term "Permitted Number of Computers" means the number of computers for which you have purchased licenses. FARGOS grants to you a nonexclusive license to use the Software, provided that you agree to the following:

1. Use of the Software

1.1
You may install one copy of the Software onto a hard disk or other storage device of up to the Permitted Number of Computers.
1.2
You may install one copy of the Software on a single file server for the purpose of downloading and installing the Software onto a hard disk or other storage device of up to the Permitted Number of Computers that are on the same network as the file server. No other network use is permitted.
1.3
You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer. You must reproduce the copyright notice(s) on such copy of the Software.

2. Copyright

The Software and any copies that you make are owned by FARGOS, and its structure, organization, and code are the valuable trade secrets of FARGOS. The Software is also protected by United States Copyright Law and International Treaty provisions. You must treat the Software just as you would any other copyrighted material, such as a book. You may not copy the Software, except as set forth in the "Use of the Software" section. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owners' names. Trademarks can only be used to identify printed output produced by the Software and such use does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software. This Agreement provides the terms and conditions under which you are licensed to use the Software. It is not an agreement for the sale of the Software to you.

3.Transfer

You may not rent, lease, sublicense, or lend the Software. You may, however, transfer all of your rights to use the Software to another person or legal entity provided (1) that you transfer this Agreement, the Software, including all copies, updates, and prior versions, to such person or entity, (2) that you retain no copies, including copies stored on a computer, and (3) that the receiving party accepts the terms and conditions of this Agreement.

4. Multiple Environment Software/Multiple Language Software/Dual Media Software/Multiple Copies/Updates

If the Software supports multiple platforms or languages, or you receive the Software on multiple media, or you otherwise receive multiple copies of the Software, the number of computers on which all versions of the Software are installed may not exceed the Permitted Number of Computers. You may not rent, lease, sublicense, lend, or transfer versions or copies of the Software you do not use. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version to use the Update, and you may use the previous version for ninety (90) days after you receive the Update to assist you in the transition to the Update. After such time you no longer have a license to use the previous version, except for the sole purpose of enabling you to install the Update.

5. Limited Warranty

FARGOS warrants to you that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following your receipt of the Software. To make a warranty claim, you must return the Software to the location where you obtained it along with proof of purchase within such ninety (90) day period. If the Software does not perform substantially in accordance with the Documentation, the entire liability of FARGOS and your exclusive remedy shall be limited to either, at FARGOS Development's option, the replacement of the Software or the refund of the license fee you paid for the Software.

THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR FARGOS DEVELOPMENT'S BREACH OF WARRANTY. THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

For further warranty information, please contact FARGOS Development's Customer Support Department (support@fargos.net).

6. DISCLAIMER OF WARRANTIES

EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 5, FARGOS MAKES NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. FARGOS DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE.

Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.

7. Limitation of Liability

IN NO EVENT WILL FARGOS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A REPRESENTATIVE OF FARGOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

8. Governing Law and General Provisions

This Agreement will be governed by the laws in force in the State of New York excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms, in which event you must destroy all copies of the Software. This Agreement may only be modified by a writing signed by an authorized officer of FARGOS, although FARGOS may vary the terms of this Agreement in connection with the licensing of any Updates to you.

9. Notice to U.S. Government End Users

The Software and Documentation are "Commercial Items", as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202 as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. FARGOS Development, LLC, 505 Popula Blvd, Wappingers Falls, NY 12590.

10. Verification of Compliance with Licenses

If you are a business or organization, you agree that upon request of FARGOS or FARGOS Development's authorized representative, you will within thirty (30) days fully document and certify that your use of any and all FARGOS software at the time of the request is in conformity with your valid licenses from FARGOS.

11. Sample Programs

The Software may contain sample programs that are furnished by FARGOS as examples. These examples have not been thoroughly tested under all conditions. FARGOS, therefore, cannot guarantee or imply reliability, serviceability, or function of these sample programs. You may copy, modify, and distribute these sample programs in any form without payment to FARGOS, for the purposes of developing, using, marketing and distributing application programs conforming to the application programming interface for the operating platform for which the sample programs are written, provided that:

Copyright © (year) (your company name)
Portions of this code are derived from FARGOS Development, LLC Sample Programs.
Copyright © 1999-2011 FARGOS Development, LLC. All rights reserved.

These sample programs may require additional software to operate. The right to redistribute a sample program does not include the right to redistribute software that is a prerequisite for its operation.

12. Custom Programs

The Software may contain programs that were custom-written by FARGOS on your behalf. You may copy, modify, and distribute these custom programs in any form for the purposes of developing, using, marketing and distributing application programs conforming to the application programming interface for the operating platform for which the custom programs are written, provided that:

Copyright © (year) (your company name)
Portions of this code are derived from FARGOS Development, LLC Custom Programs.
Copyright © 1999-2011 FARGOS Development, LLC. All rights reserved.

These custom programs may require additional software to operate. The right to redistribute a custom program does not include the right to redistribute software that is a prerequisite for its operation.

13. Technical Support

FARGOS may provide technical support for the Software. Please see the Software's documentation for details.

14. Pre-Release Components

The Software may include components containing pre-release code that may be modified substantially before general availability. These pre-release components may not be at the level of performance or compatibility of generally available FARGOS Development products. FARGOS does not guarantee that any of the pre-release components contained in the Software will ever be made generally available.

15. License Enforcement Technology

Components of the Software may contain disabling mechanisms that will prevent such components from being used after the expiration of a period of time. Components of the Software may also contain mechanisms that enforce limits on the Permitted Number of Computers or restrict the operation of the Software to a specific computer. You agree not to tamper with these disabling mechanisms or the components.

16. Trademarks

FARGOS, FARGOS/VISTA, FARGOS/SolidState, FARGOS/MultiManagement and FARGOS/SolidConnection are trademarks of FARGOS Development, LLC