License
Agreement
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE
USING THE SOFTWARE. BREAKING THE SHRINK WRAP ON THE
CD CASE, WHICH CONTAINS THE COMPUTER SOFTWARE PROGRAMS,
INSTALLING, OR USING THE PROGRAMS INDICATES YOUR ACCEPTANCE
OF THE LICENSE TERMS.
NOTE: An electronic copy of this agreement is located
in the installation program, SETUP.EXE, on the CD.
The computer software program(s) and documentation
contained in this package, and any modifications,
updates, revisions, or enhancements hereafter will
be referred to as the "Licensed Material".
Vydata Systems grants to you a limited, non-exclusive
license to use the computer software program (the
"program") on any single computer, or on
a computer network provided that you have obtained
the necessary licenses to run on a network or PC.
Title to the media on which the Program is recorded
and to the documentation in support thereof is transferred
to you, but title to the program is retained by Vydata
Systems. You assume total responsibility for the selection
of the Program to achieve your intended results, and
for installation and use of, and results obtained
from, the Program.
You may not make copies, translations, or modifications
of or to the Licensed Material. You may, however,
make a single backup for support of your usage of
the Program.
You may not otherwise copy, use, modify, lease, or
transfer the Licensed Material, in whole or in part.
Violating the terms of this License Agreement will
terminate your software license along with possible
legal ramifications depending on the severity of the
violation. Vydata Systems will pursue all violations
to the full extent of the law. Violators outside of
Louisiana state boundaries will be subject to federal
law prosecution. You agree upon termination of the
license to destroy the Program, together with all
copies in any form, including any copies on any computer
hard disk or media you may own.
The Licensed Material is provided "as is"
without warranty of any kind, either expressed or
implied, including, but not limited to the implied
warranties of merchantability and fitness for a particular
purpose. The entire risk as to the quality and performance
of the program remains with you, the user. Should
the program or accompanying media prove defective,
you (and not Vydata Systems, the authors of this Program,
or the distributors) assume the entire cost of all
necessary servicing, repair, or correction. Replacement
of your defective media should be handled by the distributor
based on arrangements prior to shipment of the Licensed
Material.
Vydata Systems does not warrant that the functions
contained in the Program will meet your requirements
or that the operation of the Program will be uninterrupted
or error free.
However, Vydata Systems warrants the CDROM or diskettes
on which the Program is furnished to be free from
defects in materials and workmanship under normal
usage for a period of thirty (30) days from the date
of delivery to you as evidenced by a copy of your
receipt.
** LIMITATION OF LIABILITY AND REMEDIES **
Vydata Systems' entire liability and your exclusive
remedy shall be the replacement of and media (CDROM
or diskettes) not meeting the Vydata Systems strict
quality requirements and the "Limited Warranty".
Defective items must be returned to the distributor
and/or ultimately Vydata Systems with a copy of the
sales receipt to obtain remedies.
In no event will Vydata Systems be liable to you,
the user, for any damages, including any lost profits,
lost savings, or other incidental or consequential
damages arising out of the use or inability to use
the Program even if Vydata Systems has been advised
of the possibility of such damages, or any claim by
any other party thereof.
You may NOT sublicense, assign, or transfer the license
or the Program except as expressly provided in this
Agreement. Any attempt otherwise to sublicense, assign,
or transfer any of the rights, duties, or obligations
hereunder is void.
The agreement will be governed by the laws of
Louisiana.
By acknowledgement you agree that you have read and
understand this agreement, and furthermore agree to
be bound by its terms and conditions. You further
agree that it is the complete and exclusive statement
of this agreement between you, the end user, and Vydata
Systems and/or the distributor which supersedes any
proposal or prior agreement, written or oral, and
any other communications between you and Vydata Systems
and/or the distributor relating to the subject matter
of this agreement.
