This is a legal agreement
("Agreement") between you (either an individual
or an entity), the end user, and Computerized Business
Solutions, Inc. of Baton Rouge, LA - USA.
("CBSI"). By installing, copying, or otherwise
using the Software (as defined below), you agree to be
bound by the terms of this Agreement. If you do not
agree to the terms of this Agreement, do not install,
copy, or use the Software.
LICENSE
CBSI grants you a non-exclusive license to use the
Software free of charge.
DISCLAIMER OF WARRANTY. Free of charge Software is
provided on an "AS IS" basis, without warranty
of any kind, including without limitation the warranties
of merchantability, fitness for a particular purpose and
non-infringement. The entire risk as to the quality and
performance of the Software is borne by you. Should the
Software prove defective, you and not CBSI assume the
entire cost of any service and repair. In addition, the
security mechanisms implemented by CBSI software have
inherent limitations, and you must determine that the
Software sufficiently meets your requirements. This
disclaimer of warranty constitutes an essential part of
the agreement. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS
OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY
TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY
JURISDICTION.
SCOPE OF GRANT.
You may:
· use the Software on one or more computers;
· use the Software on a network, provided that each
person accessing the Software through the network must
have a copy licensed to that person
· copy the Software for archival purposes, provided any
copy must contain all of the original Software's
proprietary notices.
You may not:
· permit other individuals to use the Software except
under the terms listed above;
· modify, translate, reverse engineer, decompile,
disassemble (except to the extent applicable laws
specifically prohibit such restriction), or create
derivative works based on the Software;
· rent, lease, grant a security interest in, or otherwise
transfer rights to the Software; or
· remove any proprietary notices or labels on the
Software.
SOFTWARE MAINTENANCE. CBSI, Inc. is not obligated to
provide maintenance or updates to Recipient for Software
licensed under this Agreement.
TITLE. Title, ownership rights, and intellectual
property rights in the Software shall remain in CBSI
and/or its suppliers. The Software is protected by
copyright laws and treaties. Title and related rights in
the content accessed through the Software is the property
of the applicable content owner and may be protected by
applicable law. This License gives you no rights to such
content.
TERMINATION. The license will terminate automatically
if you fail to comply with the limitations described
herein. On termination, you must destroy all copies of the
Software.
EXPORT CONTROLS. None of the Software or underlying
information or technology may be downloaded or otherwise
exported or re-exported (i) into (or to a national or
resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea,
Iran, Syria or any other country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the
U.S. Commerce Department's Table of Denial Orders. By
downloading or using the Software, you are agreeing to the
foregoing and you are representing and warranting that you
are not located in, under the control of, or a national or
resident of any such country or on any such list.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL
CBSI OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY
OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL CBSI BE
LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT CBSI
RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF
CBSI SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION
MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES. The Software is not
fault-tolerant and is not designed, manufactured or
intended for use or resale as on-line control equipment in
hazardous environments requiring fail-safe performance,
such as in the operation of nuclear facilities, aircraft
navigation or communication systems, air traffic control,
direct life support machines, or weapons systems, in which
the failure of the Software could lead directly to death,
personal injury, or severe physical or environmental
damage ("High Risk Activities"). CBSI and its
suppliers specifically disclaim any express or implied
warranty of fitness for High Risk Activities.
MISCELLANEOUS. If the copy of the Software you received
was accompanied by a printed or other form of
"hard-copy" End User License Agreement whose
terms vary from this Agreement, then the hard-copy End
User License Agreement governs your use of the Software.
This Agreement represents the complete agreement
concerning this license and may amended only by a writing
executed by both parties. If any provision of this
Agreement is held to be unenforceable, such provision
shall be reformed only to the extent necessary to make it
enforceable. This Agreement shall be governed by the laws
of the Commonwealth of Louisiana. The application the
United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or
disclosure by the Government is subject to restrictions
set forth in subparagraphs (a) through (d) of the
Commercial Computer-Restricted Rights clause at FAR
52.227-19 when applicable, or in subparagraph (c)(1)(ii)
of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013, or at 252.211-7015, and in
similar clauses in the NASA FAR Supplement.
Contractor/manufacturer is CBSI, Inc., PrayAlert Dept,
P.O. Box 77021, Baton Rouge, LA 70879-7021.
USE OF THIS SOFTWARE CONSTITUTES YOUR ACCEPTANCE OF
THESE TERMS AND CONDITIONS AND YOUR AGREEMENT TO ABIDE BY
THEM.
Should you have any questions concerning this
Agreement, or if you desire to contact CBSI for any
reason, please write: CBSI, PrayAlert Dept, P.O. Box
77021, Baton Rouge, LA 70879-7021.