Software License Agreement
IMPORTANT - READ CAREFULLY:
This is a legal agreement between you (either an individual or an entity and hereinafter referred as “You” or “Your”) and VSoftwareTools, Inc. (hereinafter referred to as “VSoftwareTools”) software for the PMTools, PMToolsQBC, ezCRT, Cat5VPN and PIMMS bundled software products identified above, which includes computer software and associated media, and may include printed materials and online or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR AGREE TO THE TERMS OF THIS AGREEMENT OR ARE UNABLE TO FORM A LEGAL CONTRACT WITH VSOFTWARETOOLS, DO NOT INSTALL AND/OR USE THIS SOFTWARE. YOUR USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY YOU WITH THE TERMS OF THIS AGREEMENT.
Software Product License
1. THE BUNDLED SOFTWARE PRODUCT LISTED IN THIS AGREEMENT IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THIS PROGRAM, OR ANY PORTION OF IT, MAY RESULT IN SEVERE CIVIL AND/OR CRIMINAL PENALTIES, AND WILL BE PROSECUTED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW. THE SOFTWARE PRODUCT IS LICENSED, NOT SOLD.
2. GRANT OF LICENSE. This Agreement permits You the nonexclusive, nontransferable right to the use of one copy of PMTools product and related bundled software (the "Software"), which may include electronic documentation, on a single network for a single store. The Software is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM drive or other storage device) of any computer on that network, for so long as You are current in Your payment obligations to VSoftwareTools. This license is not transferable to any other system, or to another organization or individual. For registered users of the software, VSoftwareTools will provide access for subscription during the paid timeframe, intermittent updates, bug fixes, and technical support. Except as expressly stated herein, this Agreement does not grant You any rights to patents, copyrights, trade secrets, trademarks, or any other rights with respect to the Software. You expressly agree that You are not a person barred from receiving the Software under the laws of the United States or other applicable jurisdiction.
3. TERM AND TERMINATION. This Agreement will be valid for as long as You are using the Software in any manner. This Agreement will automatically and immediately terminate if You fail to comply with any of the terms or conditions of this Agreement, or if You fail to make any payment when due to VSoftwareTools. Upon such termination, You must uninstall and destroy all copies of the Software. Notwithstanding anything herein to the contrary, VSoftwareTools reserves the right to immediately and without advance notice, block access to the Software upon a breach of this Agreement by You.
4. CUSTOMER SUBMISSIONS. VSoftwareTools welcomes comments and suggestions regarding Software. However, by submitting any comments, ideas, suggestions or other materials to VSoftwareTools, You automatically grant to VSoftwareTools a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the any such submissions or any ideas, concepts, know-how or techniques associated with the any such submissions (or any portion of them) for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to You or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of VSoftwareTools. Additionally, You warrant and represent to VSoftwareTools that all moral rights in all such submissions are waived.
5. CONSENT OF USE DATA. You agree that VSoftwareTools and its subsidiaries may collect and use technical and related information, including but not limited to technical information about Your computer, system and application software, peripherals, and carrier account numbers and/or other information which is stored in PostalMate® or any other related program or successor program and which is gathered periodically to facilitate the provision of software updates, product support and other services to You and related to the Software. VSoftwareTools may use this information to improve our products.
6. COPYRIGHT. All intellectual property rights in the Software (including all images and text incorporated into the Software) are owned by VSoftwareTools, its suppliers and licensors and are protected by United States copyright laws and international treaty provisions. VSoftwareTools, its suppliers and licensors retain all rights not expressly granted. You must treat the Software like any other copyrighted material, except that You may make one copy of the Software solely for backup or archival purposes or transfer the Software to a single network provided You keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the Software. You may not loan, rent or lease the Software. You may transfer Your rights under this Agreement on a permanent basis provided it is a complete transfer of all aspects related to the Software, including but not limited to You transferring the license granted by this Agreement, the Software and all associated printed materials and retain no copies, and the recipient agrees to the terms of this Agreement. You may not distribute printed copies of any user documentation provided in electronic format. Regardless of the type of media You receive, You may only use the portion appropriate for Your single store/business network. You may not modify, reverse engineer, disassemble or decompile, or otherwise seek to discover the source code of the Software. You may not duplicate the Software except for a sufficient number of copies for Your licensed use and may only have one copy of each Software media. You may not assign, transfer, rent, sublicense, or otherwise provide unlicensed third parties access to any version(s) of the Software or Related Materials, or Your rights under this Agreement. You may not publish or disclose any results of any benchmark tests run on the Software.
7. NO OTHER WARRANTIES. VSOFTWARETOOLS DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, UNLESS OTHERWISE LIMITED BY CERTAIN JURISDICTIONS; IN WHICH CASE THESE EXCLUSIONS ARE ONLY LIMITED IN SCOPE TO COMPLY WITH SUCH LAWS OF THAT JURISDICTION.
8. EXPORT AND OTHER LAWS. Notwithstanding any other provision of this Agreement, You shall at all times remain solely responsible for complying with all applicable laws or regulations relating to export and re-export control (collectively, “Export Laws”) and for obtaining any applicable authorization or license under the Export Laws, if any. You agree to indemnify, defend and hold harmless VSoftwareTools and its representatives and affiliates from and against any fine, penalty, claim, suit, demand, liability, cause of action, damage or cost (including reasonable attorneys’ fees) for any actual or alleged violation of any Export Laws arising from any use under this Agreement.
9. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license in a manner so as to effectuate the purpose and terms of the Agreement as a whole.
10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL VSOFTWARETOOLS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF VSOFTWARETOOLS SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL VSOFTWARETOOLS SOFTWARE LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
11. ENTIRE AGREEMENT. This is the entire agreement between You and VSoftwareTools which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.
12. GOVERNING LAW. This Agreement will be governed by the laws in force in the State of Oregon, and shall exclude that body of law known as conflicts of law, the United Nations Convention on Contracts for the Sale of Goods, and the Uniform Computer Information Transactions Act.
13. NO WAIVER. Waiver by either party of strict performance of any provision of this Lease shall not be a waiver of or prejudice the party's right to require strict performance of the same provision in the future or of any other provision.
Copyright (c) 2010 - 2019 VSoftwareTools, Inc. All rights reserved.