IMPORTANT -- READ CAREFULLY BEFORE USING THE SOFTWARE.
By using the software, you indicate your acceptance of the following software license agreement
SOFTWARE LICENSE AGREEMENT
IMPORTANT - THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND ENGINEERICA SYSTEMS, INCORPORATED ("ENGINEERICA"). BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT IT IS THE FULL AND COMPLETE AGREEMENT BETWEEN US, SUPERSEDING ALL PRIOR WRITTEN OR VERBAL AGREEMENTS OF ANY KIND. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST PROMPTLY RETURN ALL MATERIALS (INCLUDING DISK(S) AND WRITTEN MATERIALS) TO ENGINEERICA.
1. GRANT OF LICENSE. ENGINEERICA grants you the following non-exclusive limited license and privileges:
(a.1) If you have a SINGLE CENTER LICENSE (formerly known as SINGLE CENTER, SINGLE LOCATION LICENSE): This License Agreement permits you to use the ACCUTRACK/ACCUSQL software program (the "SOFTWARE ") at a single location of a single center. Single center means one center with one name, and single location means one physical location (room or building). You can install the software on as many sign-in computers and administration computers as you like provided that all the installations are at a single location of a single center.
(a.2) If you have a MULTI-LOCATION CENTER LICENSE (formerly known as SINGLE CENTER, MULTIPLE LOCATIONS LICENSE): This License Agreement permits you to use the ACCUTRACK/ACCUSQL software program (the "SOFTWARE ") at all locations of a single center. Single center means one center with one name. You can install unlimited copies of the SOFTWARE in multiple locations and sites of that single center, even if the sites were on different campuses. The different sites can use a single database or separate databases.
(a.3) If you have a DEPARTMENT-WIDE LICENSE: This License Agreement permits you to use copies of the ACCUTRACK/ACCUSQL software program (the "SOFTWARE ") by a SINGLE department only. You can use the software at different labs and centers as long as all these labs and centers are under the licensed department. The different labs and centers can be using a single database or separate databases.
(a.4) If you have a CAMPUS-WIDE LICENSE: This License Agreement permits you to use copies of the ACCUTRACK/ACCUSQL software program (the "SOFTWARE ") at a SINGLE campus only. You can use the software at different labs and centers as long as all these labs and centers are located at the same campus. The different labs and centers can be using a single database or separate databases.
(a.5) If you have an INSTITUTION-WIDE LICENSE: This License Agreement permits you to use copies of the ACCUTRACK/ACCUSQL software program (the "SOFTWARE ") at all your institution locations and campuses. You can use the software at different labs or centers within that same institution, including at different campuses or sites.
(a.6) If you have an DISTRICT-WIDE LICENSE: This License Agreement permits you to use copies of the ACCUTRACK/ACCUSQL software program (the "SOFTWARE ") at all district locations and sites.
(b) All ACCUTRACK/ACCUSQL code is the sole property of ENGINEERICA, even if extensively customized for you. You may not duplicate or distribute copies of any part of the SOFTWARE or its documentation without prior written authorization from ENGINEERICA.
2. COPYRIGHT. The SOFTWARE is owned by ENGINEERICA and is protected by United States copyright laws and international treaty provisions, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
3. RENTAL. You may not rent, lease, or lend this SOFTWARE.
4. OTHER RESTRICTIONS. You may not alter, reverse engineer, decompile, or disassemble the SOFTWARE, or create derivative works of this SOFTWARE.
5. SOFTWARE TRANSFER. You may permanently transfer all of your rights under this license agreement, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, and this agreement), and the recipient agrees to the terms of this agreement. You must notify ENGINEERICA in writing of the fact that you have transferred your license and to whom the license was transferred.
6. PAYMENT. Full payment for the SOFTWARE is due within thirty days of the SOFTWARE delivery. ENGINEERICA reserves the right to terminate this agreement if full payment is not received within this period.
7. TERMINATION. Without prejudice to any other rights, ENGINEERICA may terminate this license agreement if you fail to comply with the terms and conditions of this agreement. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.
All rights not specifically granted in this License Agreement are reserved by ENGINEERICA. This agreement shall be construed, interpreted, and governed by the laws of the State of Florida. If any provision of this license is found void or unenforceable, it will not affect the validity of the balance of this license.
LIMITED WARRANTY. ENGINEERICA warrants that the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE, if any, are limited to ninety (90) days.
CUSTOMER REMEDIES. ENGINEERICA's and its suppliers' entire liability and your exclusive remedy shall be, at ENGINEERICA's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE that does not meet ENGINEERICA's Limited Warranty and which is returned to ENGINEERICA. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, ENGINEERICA disclaim all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE, the accompanying written materials, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall ENGINEERICA or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use this ENGINEERICA's SOFTWARE, even if ENGINEERICA has been advised of the possibility of such damages or for any claim by any other party. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Should you have any questions concerning this Agreement, or if you desire to contact Engineerica Systems, Inc. for any reason, you may wri
Engineerica Systems, Inc.
P.O. Box 677096
Orlando, FL 32867
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