InstallRight™ Classic
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SOFTWARE LICENSE AGREEMENT AND WARRANTY STATEMENT
MCCI® IS WILLING TO LICENSE THE SOFTWARE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS CAREFULLY AND CLICK ON "ACCEPT" BEFORE INSTALLING THE SOFTWARE, AS CLICKING ON "ACCEPT" AND INSTALLING THE SOFTWARE WILL INDICATE YOUR AGREEMENT WITH THEM. IF YOU DO NOT AGREE WITH THESE TERMS, THEN MCCI IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, IN WHICH EVENT YOU SHOULD NOT PROCEED WITH INSTALLING THE SOFTWARE.
The software which accompanies this license (the "Software") is the property of MCCI or its licensors and is protected by copyright law. While MCCI continues to own the software, you will have certain rights to use the Software upon your acceptance of this license. MCCI grants you, the purchaser, a non-transferable and non-exclusive license to use this software under the terms of this agreement. Moore Computer Consultants, Inc. and its Developers remain the proprietors of this software and license its use to you. You do not obtain title to the software or any copyrights or proprietary rights in the software. You assume responsibility for the selection of this software to achieve your intended results, and for the installation, use and results obtained from this software. Additional rights and obligations regarding the Software and its contents may be defined by a separate written agreement with MCCI, and if so, such separate written agreement shall be controlling. Except as may be modified by a license addendum which accompanies this license, your rights and obligations with respect to use of this Software are as follows:
MCCI SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGE MENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY.
To the extent that this Warranty Statement is inconsistent with the jurisdiction where You use the Software, the Warranty Statement shall be deemed to be modified consistent with such local law. Under such local law, certain limitations may not apply, and you may have additional rights which vary from jurisdiction to jurisdiction. For example, some states in the United States and some jurisdictions outside the United States may: (i) preclude the disclaimers and limitations of this Warranty Statement from limiting the rights of a consumer; (ii) otherwise restrict the ability of a manufacturer to make such disclaimers or to impose such limitations; or (iii) grant the consumer additional legal rights, specify the duration of implied warranties which the manufacturer cannot disclaim, or prohibit limitations on how long an implied warranty lasts.
INDEPENDENT OF THE FORGOING PROVISIONS, IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL MCCI OR ANY OF ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER MALFUNCTION, OR ANY OTHER KIND OF COMMERCIAL DAMAGE, EVEN IF MCCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MCCI BE LIABLE FOR DAMAGES IN EXCESS OF MCCI'S LIST PRICE FOR THIS SOFTWARE LICENSE. THIS LIMITATION SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
EXPORT CONTROLS. The Software or underlying information or technology may not be exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, and Sudan or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading , ordering or using the Licensed Software, You agree to the foregoing and that You are not located in, under the control of, or a national or resident of any such country or on any such list.
MISCELLANEOUS. This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, representations, and agreements. This Agreement may be modified only by a written agreement signed by the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be construed under the laws of the State of New York, USA, excluding rules regarding conflicts of law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
UNITED STATES GOVERNMENT USE. MCCI represents that the Software and its documentation were developed at private expense and no part of same is in the public domain. The Software is Commercial Computer Software provided with RESTRICTED RIGHTS under the Federal Acquisition Regulations and agency supplements to them. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(ii)of the Rights in Technical Data and Computer Software clause at DFAR 252.227-7013 et. seq. or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at DFAR 52. 227-19, as applicable. Contractor is MCCI, Inc., 3520 Krums Corners Road, Ithaca, NY 14850, USA
SOFTWARE LICENSE AGREEMENT AND WARRANTY STATEMENT
MCCI® IS WILLING TO LICENSE THE SOFTWARE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS CAREFULLY AND CLICK ON "ACCEPT" BEFORE INSTALLING THE SOFTWARE, AS CLICKING ON "ACCEPT" AND INSTALLING THE SOFTWARE WILL INDICATE YOUR AGREEMENT WITH THEM. IF YOU DO NOT AGREE WITH THESE TERMS, THEN MCCI IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, IN WHICH EVENT YOU SHOULD NOT PROCEED WITH INSTALLING THE SOFTWARE.
The software which accompanies this license (the "Software") is the property of MCCI or its licensors and is protected by copyright law. While MCCI continues to own the software, you will have certain rights to use the Software upon your acceptance of this license. MCCI grants you, the purchaser, a non-transferable and non-exclusive license to use this software under the terms of this agreement. Moore Computer Consultants, Inc. and its Developers remain the proprietors of this software and license its use to you. You do not obtain title to the software or any copyrights or proprietary rights in the software. You assume responsibility for the selection of this software to achieve your intended results, and for the installation, use and results obtained from this software. Additional rights and obligations regarding the Software and its contents may be defined by a separate written agreement with MCCI, and if so, such separate written agreement shall be controlling. Except as may be modified by a license addendum which accompanies this license, your rights and obligations with respect to use of this Software are as follows:
- License Grant (Single CPU or Network; Per CPU). You are granted non-exclusive rights to install and use the Software on any single computer and/or transmit the Software over an internal computer network, provided that You acquire and dedicate a licensed copy of the Software for each computer on which the Software is used or to which it is transmitted over the internal network. A license for the Software may not be shared or used concurrently on different computers; however, if the Software is permanently installed on the hard disk or other storage device of a computer (other than a network server), and one person uses that computer more than 80% of the time, then that person may also use the Software on a portable or home computer. You may purchase additional licenses for the Software from time to time. This Agreement shall take precedence over any purchase order for additional licenses, and any conflicting, inconsistent, or additional terms in such purchase orders shall be null and void. You may copy the Software for archival purposes, provided that all copies must contain the original Software's proprietary notices in unaltered form.
- Restrictions. You may not: (i) permit others to use the Software, except as expressly provided above for authorized network use; (ii) modify or translate the Software; (iii) reverse engineer, decompile, or disassemble the Software, except to the extent this restriction is expressly prohibited by applicable law; (iv) create derivative works based on the Software; (v) merge the Software with another product; (vi) export or use the Software data compilations, structures, or algorithms with another product; (vii) copy the Software, except as expressly provided above; or (viii) remove or obscure any proprietary rights notices or labels on the Software.
- Transfers. You may not transfer the Software or any rights under this Agreement without the prior written consent of MCCI, which consent shall not be unreasonably withheld. A condition to any transfer or assignment shall be that the recipient agrees to the terms of this Agreement. Any attempted transfer or assignment in violation of this provision shall be null and void.
- Ownership. MCCI owns the Software and all intellectual property rights embodied therein, including copyrights and valuable trade secrets embodied in the Software's design and coding methodology. The Software is protected by United States copyright laws and international treaty provisions. This Agreement provides You only a limited use license, and no ownership of any intellectual property.
MCCI SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGE MENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY.
To the extent that this Warranty Statement is inconsistent with the jurisdiction where You use the Software, the Warranty Statement shall be deemed to be modified consistent with such local law. Under such local law, certain limitations may not apply, and you may have additional rights which vary from jurisdiction to jurisdiction. For example, some states in the United States and some jurisdictions outside the United States may: (i) preclude the disclaimers and limitations of this Warranty Statement from limiting the rights of a consumer; (ii) otherwise restrict the ability of a manufacturer to make such disclaimers or to impose such limitations; or (iii) grant the consumer additional legal rights, specify the duration of implied warranties which the manufacturer cannot disclaim, or prohibit limitations on how long an implied warranty lasts.
INDEPENDENT OF THE FORGOING PROVISIONS, IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL MCCI OR ANY OF ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER MALFUNCTION, OR ANY OTHER KIND OF COMMERCIAL DAMAGE, EVEN IF MCCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MCCI BE LIABLE FOR DAMAGES IN EXCESS OF MCCI'S LIST PRICE FOR THIS SOFTWARE LICENSE. THIS LIMITATION SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
EXPORT CONTROLS. The Software or underlying information or technology may not be exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, and Sudan or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading , ordering or using the Licensed Software, You agree to the foregoing and that You are not located in, under the control of, or a national or resident of any such country or on any such list.
MISCELLANEOUS. This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, representations, and agreements. This Agreement may be modified only by a written agreement signed by the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be construed under the laws of the State of New York, USA, excluding rules regarding conflicts of law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
UNITED STATES GOVERNMENT USE. MCCI represents that the Software and its documentation were developed at private expense and no part of same is in the public domain. The Software is Commercial Computer Software provided with RESTRICTED RIGHTS under the Federal Acquisition Regulations and agency supplements to them. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(ii)of the Rights in Technical Data and Computer Software clause at DFAR 252.227-7013 et. seq. or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at DFAR 52. 227-19, as applicable. Contractor is MCCI, Inc., 3520 Krums Corners Road, Ithaca, NY 14850, USA
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