THIS LICENSE AGREEMENT IS ENTERED INTO
BETWEEN FORMACHINE SOFTWARE DEVELOPMENT INC. (LICENSER), THE
OWNER OF ALL RIGHTS IN RESPECT OF THE SOFTWARE REFERRED TO ABOVE
(HEREIN REFERRED TO AS 'LICENSER') OF THE ONE PART AND YOU, THE
LICENSEE, ON THE OTHER.
THIS LICENSE AGREEMENT IS EFFECTIVE UPON
THE DATE LICENSEE INSTALLING THE PACKAGE CONTAINING THE DISKETTES
OR DOWNLOADS THE FILES ELECTRONICALLY. YOU AGREE TO BECOME BOUND
BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDES THE SOFTWARE LICENSE
AND DISCLAIMER OF WARRANTY. THIS AGREEMENT APPLIES TO ALL VERSIONS
OF THE SOFTWARE, AT WHICH TIME, THE LICENSING AGREEMENT WILL
CHANGE AND ROYALTIES WILL APPLY.
PLEASE READ THE TERMS CAREFULLY BEFORE
INSTALLING THE PROGRAM, AS INSTALLING THE PROGRAMS WILL INDICATE
YOUR ACCEPTANCE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT,
FORMACHINE SOFTWARE DEVELOPMENT INC. WILL NOT LICENSE THE SOFTWARE
TO YOU, IN WHICH CASE PLEASE RETURN THE UNOPENED PACKAGE, HARDWARE
'KEYLOCK' AND ALL ACCOMPANYING MATERIAL TO FORMACHINE SOFTWARE
DEVELOPMENT INC. OR YOUR AUTHORIZED DEALER FOR A FULL REFUND
WITHIN 30 DAYS OF PURCHASE.
THIS DOCUMENT CONSTITUTES A LICENSE TO
USE THE ENCLOSED SOFTWARE ON THE TERMS AND CONDITIONS APPEARING
BELOW.
The computer program(s) referred to above,
and related documentation and materials (herein collectively
referred to as 'the Software') are licensed, not sold, to you
for use only upon the terms of this LICENSE, and LICENSER reserves
all rights not expressly granted to you. You own the disks on
which these programs are originally or subsequently recorded
of fixed, but LICENSER retains ownership of all copies of the
programs themselves.
1 LICENSE
This LICENSE allows you to
1.1) Use the Software only in conjunction
with a single (1) CPU and solely as an end user (that is, for
your own use and not for use by or for others, or for marketing
or redistribution, alone or as a component of any other product,
to any other person). You must enter into an additional LICENSE
agreement with LICENSER and thereby obtain a further copy of
the Software, before using the Software in connection with any
other computer of central processing unit, including systems
containing multiple central processing units, computer networks
or emulations on a mainframe or minicomputer.
1.2) Install the Software on a hard disk
for use in accordance with this Agreement or alternatively, in
the event that do not have a hard disk system, to make one copy
in machine readable form for back-up purposes. You must reproduce
on the back-up copy the LICENSER copyright notice and any other
proprietary legends that were on the original copy supplied by
LICENSER. The Software is protected by copyright law. You are
not authorized to make any copies of the Software, except as
permitted by this paragraph.
1.3) Transfer the Software (including
the back-up copy) and all rights under this LICENSE to another
party together with a copy of this Agreement provided you give
LICENSER written notice of the transfer and the other party reads
and agrees the terms and conditions of this Agreement.
2 COPYRIGHT
The Software is owned by Dominic Che Nang
Ko and is protected by Canada copyright laws and international
treaty provisions. You may not remove the copyright notice from
any copy of the Software or any copy of the written materials,
if any, accompanying the Software.
3 Restrictions
3.1) You may not market, distribute or
transfer (other than in accordance with paragraph (1.3) above)
any copy of the Software to others or electronically transfer
the Software from one computer to another over a network, either
on its own or with or as part of any other product or equipment,
without an express distribution LICENSE from LICENSER. YOU MAY
NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, SELL, DISTRIBUTE,
NETWORK OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR
ANY PART THEREOF.
3.2) The Software contains trade secrets
and to protect them you may not decompile, reverse engineer,
disassemble or otherwise reduce the Software to a humanly perceivable
form. You agree not to divulge, directly or indirectly, any such
trade secrets to any person, unless and until such trade secrets
cease to be confidential, for any reason not your own fault.
4 MAINTENANCE
FORMACHINE SOFTWARE DEVELOPMENT INC. is
not obligated to provide maintenance or updates to you for hardware
'Keylock'. however any maintenance or updates by FORMACHINE SOFTWARE
DEVELOPMENT INC. shall be covered by the Agreement.
5 LIMITED WARRANTY FOR SOFTWARE
PRODUCTS
LIMITED WARRANTY
SOFTWARE PRODUCTS WARRANTY
DISCLAIMER OF WARRANTY, LIMITATION OF REMEDIES
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LICENSER warrants the diskettes in which the
Software is record to be free from defects in materials and fault
workmanship under normal use for a period of ninety (90) days
from the date of delivery as evidenced by a copy of the receipt.
During this warranty period, LICENSER will, at its option, repair
or replace, free of charge, defective diskettes upon which the
Software has been supplied (and if necessary restore the Software
thereon) or refund the purchase price of the diskette at no charge
to you, provided you return the faulty diskette with proof of
purchase to LICENSER, or an authorized LICENSER Dealer, in the
country where the Software was first supplied to you. LICENSER
shall have no responsibility to repair, replace or refund the
purchase price of a diskette which, in Licenser's opinion, has
been damaged by accident, abuse or misapplication, or as a result
of service or modification by other than LICENSER, or an authorized
LICENSER Dealer. All diskettes replaced under this warranty shall
become the property of LICENSER.
6 DISCLAIMER OF WARRANTY, LIMITATION
OF REMEDIES
TO THE FULL EXTENT PERMITTED BY LAW, LICENSER
HEREBY EXCLUDES ALL CONDITIONS AND WARRANTIES, WHETHER IMPOSED
BY STATUE OR BY OPERATION OF LAW OR OTHERWISE, NOT EXPRESSLY
SET OUT HEREIN. ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN
RISK. THE FORMACHINE IS PROVIDED FOR USE ONLY WITH FORMACHINE'S
SOFTWARE AND RELATED HARDWARE 'KEYLOCK'. THE FORMACHINE'S SOFTWARE
AND RELATED HARDWARE 'KEYLOCK' ARE PROVIDED 'AS-IS' WITHOUT WARRANTY
OF ANY KIND, LICENSER DOES NOT WARRANT, GUARANTEE OR MAKE ANY
REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE,
OF THE SOFTWARE AND RELATED HARDWARE 'KEYLOCK' WITH RESPECT TO
ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE.
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE
AND RELATED HARDWARE 'KEYLOCK' ARE ASSUMED BY YOU. IF THE SOFTWARE
AND RELATED HARDWARE 'KEYLOCK' ARE DEFECTIVE, YOU, AND NOT LICENSER
OR ITS DEALER, DISTRIBUTORS, AGENTS OR EMPLOYEES, ASSUME THE
ENTIRE COST OF ANY SERVICING, REPAIR OR CORRECTION THEREOF.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS SECTION 4, LICENSER
MAKES NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND RELATED
HARDWARE 'KEYLOCK'. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY LICENSER, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES
SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS
WARRANTY, AND YOU MAY NOT REPLY ON ANY SUCH INFORMATION OR ADVICE.
IN THE UNLIKELY EVENT A DEFECT IS DISCOVERED, YOU ASSUME THE
ENTIRE COST OF ANY REMEDIAL ACTION. FORMACHINE'S ENTIRE LIABILITY
IS LIMITED TO THE ORIGINAL PURCHASE PRICE OF SOFTWARE AND RELATED
HARDWARE 'KEYLOCK'.
SOME STATES DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, THUS
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
FORMACHINE SOFTWARE DEVELOPMENT INC. does
not warrant the software and related hardware 'KEYLOCK' contained
in this package shall meet your requirements or that the software
and related hardware 'KEYLOCK' shall function in an uninterrupted
and error free manor. Should the diskettes be damaged or rendered
unusable under normal use, FORMACHINE SOFTWARE DEVELOPMENT INC.
will replace the Software within the first 90 days at no additional
charge. Evidence of purchase (original sales receipt) is required
for replacement.
IMPORTANT NOTE: Nothing in this Agreement
is intended or shall be construed as excluding or modifying and
statutory rights, warranties or conditions which are applicable
to this Agreement or the Software supplied hereunder, and which
by virtue of any national or state Fair Trading. Trade Practices
or other consumer legislation may not be modified or excluded.
If permitted by such legislation, however, Licenser's liability
for any breach of any such warranty or condition shall be and
is hereby limited to either:
6.1) the supply of such part of the Software licensed hereunder
again, or
6.2) the correction of any defect in such part of the software
licensed hereunder as LICENSER at its sole discretion may determine
to be necessary to correct the said breach.
EXCEPT AS SET OUT IN THIS SECTION 4, IN
NO EVENT SHALL LICENSER BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGE (INCLUDING, WITHOUT LIMITATION
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
AND LOSS OF BUSINESS INFORMATION OF COMPUTER PROGRAMS), EVEN
IF LICENSER OR ANY LICENSER REPRESENTATIVE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. Except as expressly set out
in this section 4, Licenser's maximum liability for damages arising
under this Agreement shall be limited to the LICENSE fees paid
by you for that part of the Software supplied by Licenser hereunder
which caused the damages or that is the subject matter of, or
is directly related to, the cause of action.
7 INDEMNIFICATION BY YOU.
If you distribute the software and hardware
related 'KEYLOCK' in violation of this Agreement, you agree to
indemnify, hold harmless and defend FORMACHINE SOFTWARE DEVELOPMENT
INC. from and against any claims or lawsuits, including attorney's
fees that arise or result from the use or distribution of the
software and hardware related 'KEYLOCK' in violation of this
Agreement.
8 ONE LIMITED WARRANTY FOR HARDWARE
RELATED 'KEYLOCK'
ONE LIMITED WARRANTY
HARDWARE RELATED 'KEYLOCK' |
FORMACHINE SOFTWARE DEVELOPMENT INC. warrants
the FORMACHINE hardware related 'KEYLOCK' to be free from defects
in material and workmanship and agree to remedy any such defect.
This warranty covers 1 year labor and 1 year parts from the date
of original purchase. Any warranties implied by law are only
effective for the duration of the Warranty Period.
WARRANTY APPLIES TO:
8.1) Defects resulting or arising out
of the manufacturing process.
8.2) Products bearing legible manufacturer's
model and serial numbers.
8.3) Replacement parts only for the remainder
of the original warranty.
WARRANTY DOES NOT APPLY TO:
8.4) If the Equipment has been
modified or tampered with or misuse or the Equipment configuration
is altered without the written approval of the FORMACHINE SOFTWARE
DEVELOPMENT INC.
8.5) Damage or failure as the results
of accident, neglect, misuse, operator error, variations and
surges of electrical power, fusion, fire, air conditioning malfunction,
damage caused in transportation, shipping damage, act of God
or any cause other than a cause arising from normal use of the
Equipment.
8.6) Maintenance or repair by persons
other than FORMACHINE SOFTWARE DEVELOPMENT INC. personnel or
agents
8.7) Any improper use of the Equipment
including failure to comply with the FORMACHINE SOFTWARE DEVELOPMENT
INC. installation specification, failure to comply with operation
instructions. Some states do not allow
limitations on how long an implied warranty lasts, so the above
limitation may not apply to you.
WARRANTY SERVICE FOR HARDWARE RELATED
'KEYLOCK'
End User may, at its own risk and expense,
return the allegedly defective Equipment to FORMACHINE SOFTWARE
DEVELOPMENT INC. from whom the End User purchased the Equipment
during the Warranty Period.
8.8) End User must first notify FORMACHINE
SOFTWARE DEVELOPMENT INC. in writing of the alleged defect.
8.9) To provide proof of the original
date of purchase by means of a bill of sale or payment record
verifying purchase date.
8.10) THE END USER SHALL SHIP THE ALLEGEDLY
DEFECTIVE PRODUCT TO THE FORMACHINE SOFTWARE DEVELOPMENT INC.,
FREIGHT PREPAID, CAREFULLY PACK, ADEQUATELY INSURED, AND SHALL
INCLUDE A NOTATION OF THE HARDWARE RELATED 'KEYLOCK' SERIAL NUMBER.
8.11) Any Equipment returned to the FORMACHINE
SOFTWARE DEVELOPMENT INC. without any HARDWARE RELATED 'KEYLOCK'
SERIAL NUMBER may be returned to End User, freight collect.
8.12) Upon receipt of the HARDWARE RELATED
'KEYLOCK', FORMACHINE SOFTWARE DEVELOPMENT INC. will repair or
replace the 'KEYLOCK' and ship the repaired or replaced 'KEYLOCK'
to the End User at FORMACHINE SOFTWARE DEVELOPMENT INC.'S expense
and risk.
8.13) If FORMACHINE SOFTWARE DEVELOPMENT
INC. determines that any returned hardware related 'KEYLOCK'
is free from defects as warranted hereunder, FORMACHINE SOFTWARE
DEVELOPMENT INC. will return the 'KEYLOCK' to End User at End
User's expense and risk, along with a written statement setting
forth the basis for FORMACHINE SOFTWARE DEVELOPMENT INC.'s conclusion
that the returned 'KEYLOCK' was not defective, and End User agrees
to pay FORMACHINE SOFTWARE DEVELOPMENT INC.'s reasonable costs
of handling and testing.
8.14) The right to return hardware related
'KEYLOCK' extends only to the original End User purchaser of
the 'KEYLOCK', and FORMACHINE SOFTWARE DEVELOPMENT INC. will
not accept returns from anyone other than the original End User.
The right to return the 'KEYLOCK' shall not apply to any misused
or modified 'KEYLOCK'.
THE REMEDIES PROVIDED HEREIN ARE END USER'S SOLE AND EXCLUSIVE
REMEDIES FOR BREACH OF WARRANTY BY FORMACHINE SOFTWARE DEVELOPMENT
INC. OR BREACH OF CONTRACT. IN NO EVENT SHALL FORMACHINE SOFTWARE
DEVELOPMENT INC. BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL
DAMAGES THAT CUSTOMER MAY SUFFER DIRECTLY OR INDIRECTLY.
Some states do not allow the exclusion
or limitation of incidental or consequential damages, so the
above limitation or exclusion may not apply to you. This warranty
gives you specific legal rights, and you may also have other
rights which vary from State to State.
9 STATUTORY WARRANTIES
The provisions of this additional written
warranty are in addition to and not a modification of or subtraction
from the statutory warranties and other rights and remedies contained
in any applicable legislation.
10 GENERAL
This Agreement will be construed under
the laws of the Canada. This Agreement contains the entire Agreement
between the parties hereto with respect to the subject matter
hereof, and supersedes all prior agreements and/or understandings
(oral or written). Failure or delay by LICENSER in enforcing
any right or provision hereof shall not be deemed a waiver of
such provision or right with respect to the instant or any subsequent
breach. If any provision of this Agreement shall be held by a
court of competent jurisdiction to be contrary to law, that provision
will be enforced to the maximum extent permissible, and the remaining
provisions of this Agreement will remain in full force and effect.
Copyright (C) 2003 by DOMINIC CHE NANG
KO.
All rights reserved. All other products are trademarks
or registered trademarks of their respective owners.
FORMACHINE SOFTWARE DEVELOPMENT INC.
3500 Springfield Dr
RICHMOND, BC
CANADA
V 7 E 1 M 7
TEL: (604)-204-2738
FAX: (604)-204-2738
email: mail@formachine.com
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