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Software License Agreement | |||||||
END-USER LICENSE AGREEMENT FOR ACT4ADVISORS PLUGIN, THIS LICENSE DOES NOT REPLACE, SUPPLEMENT NOR MODIFY THE LICENSE AGREEMENT FOR THE ACT! SOFTWARE PROVIDED EXCLUSIVELY BY SWIFTPAGE ACT! LLC. A VALID LICENSE MUST BE SECURED BY SWIFTPAGE ACT! OR ANY OF ITS AGENTS FOR EACH USER. REFER TO THE ACT! LICENSE AGREEMENT TO USE THE ACT! SOFTWARE. SOFTWARE LICENSE AGREEMENT You may: You may not: 2. Restrictions. You may not attempt to create or derive any of the source code, database design, layouts, license enforcment schema or other technology or data within the Software by disassembly, reverse engineering or any other method, or otherwise reduce the Software to a human-perceivable form. You may modify the database and layouts for your personal use but you may not sell, sub-license or otherwise distribute any customization you have made without the prior written permission from AFS corporate officers. You may not use, disclose, distribute, make or have made any copies of the Software, in whole or in part. You may not rent, lease or lend the Software without the prior written permission of AFS, provided, however, that you may maintain a backup copy of the Software during the term of this License. You agree to provide notice to AFS immediately after learning of or having reason to suspect a breach of any of the provisions set forth in this License. 3. Termination. This License is effective until terminated. You may terminate this License at any time by removing the Software from all of your computers, and returning all copies thereof to AFS with a letter of explanation. This License will terminate immediately without notice from AFS if you fail to comply with any provision of this License. Upon termination, you must return the Software and all copies thereof and must remove all incidents of the software from your computer(s). 4. Disclaimer of Warranty. REGARDLESS OF WHETHER YOU LATER CHOOSE TO REGISTER YOUR COPY OF THE SOFTWARE, THE SOFTWARE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, AND AFS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD PARTY'S PATENT(S), TRADE SECRET(S), COPYRIGHT(S) OR OTHER INTELLECTUAL PROPERTY RIGHTS. AFS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. Furthermore, AFS does not warrant nor make any representations regarding the use or the results of the use of the software or related documentation in terms of their correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by AFS or AFS's authorized representative shall create any warranty or in any way increase the scope of this warranty. Should the Software prove defective, you (and not AFS or AFS's authorized representative) assume the entire cost of all necessary servicing, repair or correction. Some states do not allow exclusion of implied warranties, so the above 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. 5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL AFS BE LIABLE FOR ANY LOST REVENUE OR PROFITS OR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF AFS OR AFS'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL AFS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. 6. Controlling Law. This License shall be governed by and construed in accordance with the substantive laws of the State of Georgia, notwithstanding the conflicts of law provisions of that state or any other jurisdiction. All disputes arising out of this license shall be subject to the exclusive jurisdiction of federal and state courts located in Fulton County, Georgia. 7. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. |
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ACT! is a registered trademark of Sage Software, Inc.:::Allied Financial Software, Inc. Copyright 1999-2009
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