Please read this Agreement carefully before copying or using the LinkUPPP!‚Ñ¢ for Mac OS software (the "Software") provided by FCR Software, Inc. ("FCR") with this Agreement. This Agreement allows you (the "Recipient") to install and evaluate, at no charge, the software for thirty days. The Recipient may purchase a license for the Software before or after the conclusion of the evaluation period, but if no licensed is purchased, the Recipient must destroy all copies of the Software.
BY COPYING OR TRANSFERING THE SOFTWARE, THE RECIPIENT AGREES TO BE BOUND BY THE TERMS CONTAINED IN THIS AGREEMENT. IF THE RECIPIENT DOES NOT AGREE TO THESE TERMS, THE RECIPIENT MAY NOT COPY OR TRANSFER THE SOFTWARE, OR IF ALREADY COPIED OR TRANSFERRED, THE RECIPIENT MUST DESTROY ALL COPIES OF THE SOFTWARE.
1. FCR shall allow the Recipient to install and review one copy of the Software at their primary place of business (the "Installation Site") for a period beginning on the date the Software is retrieved and ending thirty days thereafter (the "Evaluation Period") for the limited purpose of evaluating the Software. The Recipient acknowledges and agrees that the Software is being provided for evaluation purposes only and that FCR does not grant to the Recipient the right to use the Software for any purpose other than as stated herein. The Recipient further acknowledges and agrees that the Software is proprietary to, and the valuable property of, FCR and that the right to use the Software shall cease upon the end of the Evaluation Period. The Recipient may not authorize third parties to use the Software without (i) the express written permission of FCR, (ii) identification of their name, address, email and purpose, and (iii) agreement to be bound by all of the terms of this License.
2. COPYRIGHT. The Software and associated documentation contain proprietary, copyrighted matter owned by FCR Software, Inc. or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, the Recipient must treat the Software like any other copyrighted material (e.g., a book or musical recording). The Recipient may not copy the written materials accompanying the Software. The Recipient must reproduce and include all copyright notices and other proprietary legends contained in the Software on any copy.
3. OTHER RESTRICTIONS. The Recipient may not reverse engineer, decompile, or disassemble the Software, any associated files or date. Title to the Software and all subsequent copies of the Software regardless of the form or media in or on which the original and other copies may subsequently exist, is retained by FCR.
4. DISCLAIMER OF WARRANTIES. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. IN NO EVENT WILL FCR OR ITS SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF FCR OR AN AUTHORIZED FCR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATIONS SHALL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and documentation are provided to the Government with RESTRICTED RIGHTS as defined at 48 CFR 27.401 or at DFARS 252.227-7013(a), as appropriate to the procuring agency. Notwithstanding any other lease or license agreement that may pertain to, or accompany the delivery of, this computer software, use, duplication, reproduction or disclosure of this computer software is subject to restrictions as set forth (A) in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, when procured or used by agencies of the U.S. Department of Defense, and (B) in subpargraphs (c)(1) and (c)(2) of the Commercial Computer Software--Restricted Rights at FAR 52.227-19, when procured or used by civilian agencies of the U.S. Government. Contractor/manufacturer is FCR Software, Inc., 222 Third Street, Suite 3130, Cambridge, MA 02142.
6. EXPORT LAW ASSURANCES. The Software is subject to restrictions and controls imposed by the United States Export Administration Act (the "Act") and the regulations thereunder. The Recipient agrees and certifies that neither the Software nor any direct product thereof is being or will be acquired, shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the Act and the regulations thereunder or will be used for any purpose prohibited by the same.
This Agreement is governed by the laws of the Commonwealth of Massachusetts as applied to contracts entered into and performed within Massachusetts.
For more information about FCR's licensing policies, please call 617-494-1300, or write to: FCR Software, Inc., 222 Third Street, Suite 3130, Cambridge, MA 02142.
