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Automotive Invoice
Rwiter Program
License and Use Agreement |
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Scroll and read to bottom to view the entire agreement.
MB Computer Data Systems from herein will be referred to
as The "Vendor"
You accept this software on the condition that you
indemnify and hold harmless MB Computer Data/Web Systems and company from any and all liability
or damages to yourself and all parties, including attorney's fees, court costs, and
other related costs and expenses, arising out of your use of Web Support
Systems and Software.
You must "AGREE" with the following to download the software:
WARNING - THIS SOFTWARE IS COPYRIGHTED AND THE OWNER
OF THE COPYRIGHT CLAIMS ALL EXCLUSIVE RIGHTS TO SUCH SOFTWARE, EXCEPT AS
LICENSED TO USERS HEREUNDER AND SUBJECT TO STRICT COMPLIANCE WITH THE
TERMS OF THIS LICENSE.
BY OPENING THE PACKAGING, INSTALLING THE SOFTWARE, DOWNLOADING
THE PROGRAM OR BREAKING THE SEAL TO THIS SOFTWARE, YOU SIGNIFY YOUR ACCEPTANCE
OF EACH AND EVERY TERM AND CONDITION SET FORTH IN THIS LICENSE AGREEMENT. THE
LICENSE GRANTED UNDER THIS LICENSE AGREEMENT IS EXPRESSLY CONDITIONED UPON
YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL TERMS AND CONDITIONS SET FORTH IN
THIS LICENSE AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS LICENSE
AGREEMENT OR DO NOT WISH TO COMPLY WITH ANY TERM OR CONDITION SET FORTH
HEREIN, YOU SHOULD REFRAIN FROM BREAKING THE SEAL OR USE OF THIS PRODUCT. ONCE
THE SEAL IS BROKEN, INSTALLED THE SOFTWARE OR DOWNLOAD THE SOFTWARE THE TERMS
HEREOF WILL BE DEEMED TO HAVE BEEN ACCEPTED BY YOU AND YOU WILL BE BOUND BY
ALL OF THE TERMS, CONDITIONS, AND RESTRICTIONS CONTAINED HEREIN.
We do not make any warranties relative to the software
licensed hereunder, including but not limited warranties of merchantability or
fitness for a particular purpose. You are responsible for selecting the
software that will best achieve your objectives and needs. See our full
warranty disclaimers below for additional information.
Additional terms and conditions of this License are as
follows:
1. Limitation On Use and Copying. You are hereby
notified that the Software is the copyrighted work of the vendor. The
vendor of the Software asserts all copyrights and other proprietary rights
in and to such items. Use of the Software is governed by and subject to
the terms of this License Agreement. Except as specifically provided in
this License, you may not in any way copy, modify, transfer, convey,
reproduce, merge into other programs, or transmit, in whole or part, the
Software or any portion thereof.
The Software is licensed only for
the use of the user and only in compliance with all terms, conditions, and
limitations contained in this License. Any, use, adaptation, modification,
publication, reproduction, redistribution or any other action that is in
violation of the copyright owner’s exclusive rights under the United
States Copyright Act and which is beyond the scope of the rights granted
in this License Agreement will constitute an infringement upon the rights
of the vendor’s copyright and is punishable under
the United States Copyright Act.
2. Single CPU. You are licensed to use the Software
only on a single microcomputer installation. In the event you intend to use
the Software or any part thereof on more than one microcomputer, the license
fee for each such multiple use must be purchased. In the event of simultaneous
use, a license must be obtained for each instance of possible simultaneous
execution. You may make archival copies of those portions of Software that are
provided on a machine readable media, provided such copies are for your
personal use on one microcomputer and that no more than one such copy is used
at any time.
3. License Transfer. You may transfer the rights
granted hereunder provided that you give up all rights hereunder and
discontinue all use of the Software and remove such Software from all readable
devices, hard drives, discs, and other media. Your right and ability to
transfer the Software to another party is conditioned upon (i) the other party
agreeing in writing to accept all of the terms and conditions of this License,
(ii) you either transferring all copies in printed or machine-readable form to
the acquiring party or destroying any copies not transferred; this includes
all modifications and portions of PROGRAM contained or merged into other
programs, and (iii) notifying us in writing of the transfer and the identity,
name and full address of the party that acquired the rights hereunder.
4. Term and Termination. The term of this License shall
be perpetual unless sooner terminated pursuant to the terms hereof. This
License shall automatically terminate upon your failure to comply with any
term, restriction or condition set forth herein. You may terminate this
License by discarding and destroying the Software including but not limited to
the installed copy on your CPU and any backup copies. Upon termination of this
License for any reason, you shall have no further right or license to use the
Software, shall immediately discontinue your use of the Software and destroy
any and all copies of the Software, including any installed and backup copies.
5. Warranty Disclaimers.
The Software is provided and accepted by you on an “AS IS” basis and without
warranty of any nature or type, express or implied. vendor makes no express or
implied warranty that the Software will operate without interruption or error.
The sole and exclusive warranty made by the vendor is that the medium (disk or
CD) upon which the Software is transported to the Licensee shall be free of
defects in workmanship so that it will permit the Licensee to install the
Software on a single CPU for a period of sixty (30) days
from the date of purchase. Upon the expiration of 30 days from the date of
purchase, such warranty shall expire. In order to invoke this warranty,
Licensee shall notify the vendor in writing of the defect, which writing shall
be received by the vendor within such 30 day warranty period, time being of
the essence of this requirement. The sole remedy for this warranty is that the
vendor shall provide a new replacement diskette or other medium which is free
of workmanship errors. If a replacement disc cannot be provided within 30 days
after written request is received by the vendor, the Licensee may terminate
this license as it sole and exclusive remedy, and receive reimbursement of any
License fee paid, up to the normal retail list price for the Software.
THE VENDORS HEREBY DISCLAIM ANY AND ALL WARRANTIES WITH
RESPECT TO SOFTWARE EXCEPT FOR SPECIFIC WARRANTIES THAT ARE EXPRESSLY PROVIDED
IN THE TERMS OF THE APPLICABLE LICENSE AGREEMENT. THE VENDOR HEREBY DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND OWNERSHIP OF THE
SOFTWARE AND NON-INFRINGEMENT UPON THE RIGHTS OF ANY OTHER PARTY. THE ENTIRE
RISK OF AS TO FUNCTIONALITY, OPERATION AND FUNCTIONALITY OF THE SOFTWARE IS
WITH THE LICENSEE AND THE VENDOR ASSUMES NO RISK OR OBLIGATION IN CONNECTION
THEREWITH.
IN NO EVENT SHALL THE VENDOR BE LIABLE FOR OR RESPONSIBLE FOR
ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR INJURIES. THE MAXIMUM POSSIBLE
LIABILITY OF THE VENDOR SHALL NOT EXCEED THE LESSOR OF THE FULL RETAIL COST OF
THE SOFTWARE OR THE AMOUNT THAT THE LICENSEE PAID FOR SUCH LICENSE, EXCLUDING
SALES TAX.
RESTRICTED RIGHTS LEGEND FOR GOVERNMENTAL USE. Any Software
that is downloaded through accessing this web site for or on behalf of the
United States of America, its agencies and/or instrumentality’s ("U.S.
Government"), is provided with Restricted Rights. Use, duplication, or
disclosure by the U.S. 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.
The terms of this License supersede any and all prior
understandings, representations, warranties, sales claims, advertised offers,
or other understandings with respect to the Software or the terms of this
License.
6. By opening this Software, breaking the seal on the
wrapper or downloading and installing the Software on your CPU, you
acknowledge that you have read and understand the terms and conditions of
this License and agree to abide by all of the terms and conditions set
forth herein.
Download Software License Notice
All users and parties accessing this web site are hereby
notified that any and all software that is made available to download from
through this web site ("Software") is the copyrighted work of the applicable
vendor of such Software and that all other contents of this Web Page
("Content") is the copyrighted work of the owner and operator of this web
site. The owner of this Web Site, and the vendor of the Software assert all
copyrights and other proprietary rights in and to such items. Use of any
Software that is downloaded by accessing this web site is governed by and
subject to the terms of any license agreement which accompanies or is included
with the Software ("License Agreement"). Any party downloading any Software by
access to this web site will not be able use or install any Software that is
accompanied by or includes a License Agreement, unless such party acknowledges
the terms of the applicable License Agreement and agrees to all terms and
conditions of the applicable License Agreement terms.
You should assume and are hereby notified that claims of
copyright are applicable to all items contained on this web page or available
for download through this web page. You should not assume that any item
available on or through this web page is in the public domain or constitutes
"free ware."
The Software may be downloaded through this web site only
for the use of the user and only in compliance with all terms, conditions, and
limitations contained in the applicable License Agreement. Any, use,
adaptation, modification, publication, reproduction, redistribution or any
other action that is in violation of the copyright owner’s exclusive rights
under the United States Copyright Act and which is beyond the scope of the
rights granted in the applicable License Agreement will constitute an
infringement upon the rights of the vendor’s copyright and is punishable under
the United States Copyright Act.
THE VENDORS HEREBY DISCLAIM ANY AND ALL WARRANTIES WITH
RESPECT TO SOFTWARE DOWNLOAD BY ACCESSING THIS PAGE EXCEPT FOR SPECIFIC
WARRANTIES THAT ARE EXPRESSLY PROVIDED IN THE TERMS OF THE APPLICABLE LICENSE
AGREEMENT. EACH APPLICABLE VENDOR HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND OWNERSHIP OF THE SOFTWARE AND
NON-INFRINGEMENT UPON THE RIGHTS OF ANY OTHER PARTY.
THE OWNER OF THIS WEB SITE HEREBY DISCLAIMS ANY AND ALL
RESPONSIBILITY OR OBLIGATION FOR SOFTWARE AVAILABLE THROUGH THIS WEB SITE,
INCLUDING BUT NOT LIMITED TO INFRINGEMENT OR CLAIM OF INFRINGEMENT UPON THE
RIGHTS OF ANY OTHER PARTY, ANY ERRORS, VIRUSES OR FUNCTIONING OF ANY SOFTWARE
DOWNLOADED THROUGH THIS SITE, AND ALL OTHER CLAIMS, SUITS, THREATS AND DEMANDS
RELATIVE TO ANY SUCH SOFTWARE.
IN THE EVENT THAT YOU CLAIM THAT ANY SOFTWARE AVAILABLE
THROUGH THIS WEB SITE INFRINGES UPON ANY UNITED STATES COPYRIGHT, YOU ARE
HEREBY DIRECTED TO THE AREA ON THE WEB SITE THAT CONTAINS NOTICES AND OTHER
INFORMATION REGARDING SUCH MATTERS AND THE DIGITAL MILLENNIUM COPYRIGHT ACT.
RESTRICTED RIGHTS LEGEND FOR GOVERNMENTAL USE. Any Software
that is downloaded through accessing this web site for or on behalf of the
United States of America, its agencies and/or instrumentalities ("U.S.
Government"), is provided with Restricted Rights. Use, duplication, or
disclosure by the U.S. 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.
No permission is granted to use any documents, graphics,
software or any other item included in or available through this web page
unless a specific License Agreement accompanies such item. The owner of this
web site and all vendors assert all copyrights and proprietary rights in and
to materials available through this web site regardless of whether such
materials include a notice of copyright.
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