Plus Software End-User License Agreement
This document is a legal agreement between you ("Licensee"),
and Vision Infosystems, LLC ("Vision"). Read this carefully.
By using the accompanying Software you indicate your acceptance of the
CMS Plus End-User License Agreement ("Agreement").
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL THE
SOFTWARE AND RETURN THE SOFTWARE TO THE PLACE OF PURCHASE.
Software - The CMS Plus software, including all application files, source
code, documentation, and any derivatives created by Licensee.
Database Files - The Paradox database tables created by the Software or
copies of existing Software database tables.
Database Server - A computer whose disk media contains the Database Files.
Network Connection - A connection to the Server and Database Files through
a computer network.
Users - Individuals who have a Network Connection to the Software's Database
Files on the designated Server.
Grid Control - A component of the Software that displays a grid-like interface
in the Software. The Grid Control is manufactured by FARPOINT TECHNOLOGIES,
INC. and is provided to Licensee by Vision as a file named SPREAD20.VBX.
LICENSE GRANT: Upon payment of licensing fees to Vision by Licensee,
Vision hereby grants to you a non-exclusive and non-transferable license
("License") to use the Software according to the provisions
SCOPE OF GRANT: You may:
- Use the Software to create Database Files on one Server per license
acquired from Vision;
- Distribute the Software to any number of Users who have a Network Connection
to the Server and Database Files;
- Modify the user-interface and Software's source code (when provided
by the Vision), except as restricted in this Agreement. Any warranty issues
that arise as the result of or related to any of the modifications to
the SOFTWARE become the sole responsibility and cost of the Licensee,
- Copy the Software and Database Files for archival purposes provided
each copy contains all of the proprietary notices of the original Software.
RESTRICTIONS: You may not:
- Allow Users to access more than one set of Database Files on more than
one Server unless you have acquired a separate License for each Server
- Create or copy Database files, in a format readable by the Software,
on more than one Server;
- Rent, lease, grant a security interest in, or otherwise transfer rights
to the Software;
- Remove or alter any proprietary notices or labels on the Software such
as the Software's trade name, copyright notice, and logo.
- Use the Software's included Grid Control separate from the Software
or make direct changes to the properties or source code of the Grid Control
without acquiring a license for the Grid Control from the manufacturer
of the Grid Control or one of its suppliers.
TITLE: Title, ownership rights, and intellectual property rights in the
Software shall remain with Vision. The Software is protected by copyright
and other intellectual property laws and by international treaties. Licensor
agrees to take adequate steps to protect Software from unauthorized disclosure
TERM: This License is effective from your date of purchase and shall
remain in force until terminated. You may terminate the License and this
License Agreement at any time by destroying the Software and the accompanying
documentation, together with all copies in any form. This License will
terminate immediately without notice from Vision if Licensor fails to
comply with any provision of this License.
EXPORT REGULATIONS: The Software is subject to U.S. export control laws,
including the U.S. Export Administration Act and its associated regulations,
and may be subject to export or import regulations in other countries.
Customer agrees to comply strictly with all such regulations and acknowledges
that it has the responsibility to obtain licenses to export, re-export,
or import Software.
U.S. GOVERNMENT RESTRICTED RIGHTS: If you are acquiring the SOFTWARE
on behalf of any unit or agency of the United States Government, the following
provision applies: It is acknowledged that the SOFTWARE and the documentation
were developed at private expense and that no part is in the public domain
and that the SOFTWARE and documentation are provided with RESTRICTED RIGHTS.
Use, duplication, or disclosure by the Government is subject to restrictions
as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data
and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)
and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR
52.227-19, as applicable. Contractor/manufacturer is Vision Infosystems,
LLC, PO Box 1715, Issaquah, WA 98027.
(a) Vision warrants to you, the original end user, (i) that the Software
other than third party software will perform substantially in accordance
with the accompanying documentation and (ii) that the Software is properly
recorded on the electronic media used for providing the software to you.
This Limited Warranty extends for ninety (90) days from the date of purchase.
Vision does not warrant any third party software that is included in the
Software, but Vision agrees to pass on to you any warranties of the owner
or licensor to the extent permitted by the owner or licensor.
(b) This Limited Warranty does not apply to any Software that has been
altered, damaged, abused, misapplied, or used other than in accordance
with this License and any instructions included on the Software and the
(c) Vision's entire liability and your exclusive remedy under this Limited
Warranty shall be the repair or replacement of any Software that fails
to conform to this Limited Warranty or, at Vision's option, return of
the price paid for the Software. Vision shall have no liability under
this Limited Warranty unless the Software is returned to Vision or its
authorized representative, with a copy of your receipt, within the warranty
period. Any replacement Software will be warranted for the remainder of
the original warranty period or 30 days, whichever is longer.
(d) THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT
EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING.
(e) THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, YOU MAY HAVE OTHERS
WHICH VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY: IN NO EVENT SHALL VISION'S LIABILITY RELATED
TO ANY OF THE SOFTWARE EXCEED THE LICENSE FEES ACTUALLY PAID BY YOU FOR
THE SOFTWARE. EXCEPT FOR A RETURN OF THE PURCHASE PRICE UNDER THE CIRCUMSTANCES
PROVIDED UNDER THE LIMITED WARRANTY, NEITHER VISION NOR ITS SUPPLIERS
SHALL IN ANY EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF
OR RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT
NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, EVEN IF VISION
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER SUCH LIABILITY
IS BASED ON CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL OR EQUITABLE
GROUNDS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
LICENSE SCOPE: This License Agreement constitutes the entire agreement
between you and Vision pertaining to its subject matter. This License
Agreement is governed by the laws of the State of Washington. Any litigation
arising from this license will be pursued only in the state or federal
courts located in the State of Washington.
Should you have any questions concerning this Agreement, or if you desire
to contact Vision for any reason, please send e-mail to email@example.com.