IF YOU AGREE WITH THE FOLLOWING AGREEMENT, PLEASE PUSH CONTINUE AND PROCEED WITH THE INSTALLATION. IF YOU DON'T AGREE, PUSH CONTINUE AND THEN QUIT THIS INSTALLER.
SOFTWARE AGREEMENT
1. PaceWorks, Inc. ("PaceWorks") agrees to provide User, under the terms and conditions specified below, one (1) copy of its enclosed software ("Software"). User shall have the non-exclusive, royalty-free right and license to use and agrees to use the Software on one (1) computer at a time for User's lawful personal use.
2. User agrees not to create derivative works of or to decompile, disassemble, reverse engineer the Beta Software or otherwise determine its source code or to knowingly permit others to do so.
3. WARNING CONCERNING COPYRIGHT AND TRADEMARK RESTRICTIONS. The Copyright Act of the United States (Title 17, U.S. Code) governs the making of copies and other reproductions of copyrighted material, and various state and federal laws govern the use of trademarks. In using the Software, User may be able to copy music and other materials that may be copyrighted by or bear trademarks that are the property of third parties. Nothing in this Agreement grants any permission to User to copy, use, store in a retrieval system, or distribute any copyrighted materials or use any trademarks. By entering into this Agreement, User agrees that in connection with the Software, User will comply with all copyright and trademark laws, including, without limitation, refraining from copying, transmitting, transcribing, storing in a retrieval system, translating into any human or computer language, in any form, or otherwise exploiting commercially copyrighted materials or trademarks without the express permission of the owner.
4. PaceWorks reserves the right at any time to alter features, specifications, capabilities, functions, release dates, general availability, or other characteristics of the Software.
5. PACEWORKS AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES TO USER, ITS CUSTOMERS, OR ANY THIRD PARTIES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH OR ARISING OUT OF THE SOFTWARE OR THIS AGREEMENT, EVEN IF PACEWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. All right, title and interest to all intellectual property with respect to the Software, including that which may be or become protectable by patent, copyright, trademark, trade secret, or similar laws, shall remain exclusively with PaceWorks or its suppliers. No license or other right of any kind is granted by PaceWorks' furnishing the Software to User except for the limited right to use the software as expressly provided in this Agreement. User shall not use PaceWorks' copyrights, trademarks, trade names, or other intellectual property in any way.
7. This Agreement is personal to User. User shall not assign or otherwise transfer any rights or obligations under this Agreement.
8. User will not export or re-export the Software without the appropriate United States or foreign government lisense.
9. NEITHER PACEWORKS NOR ITS SUPPLIERS MAKE OR PASS ON TO USER OR ANY THIRD PARTY ANY WARRANTY OR REPRESENTATION ON BEHALF OF LISENSOR'S THIRD PARTY SUPPLIERS.
10. The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT. 1995) and is provided to the U.S. Government only as a commercial end item. Consistent with 48 C.F.R. 227.7202-1 through 227.7202-4 (JUN 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.
11. In the event that User fails at any time to comply with this Agreement, PaceWorks shall terminate this Agreement immediately. The rights and responsibilities of the parties pursuant to Sections 3, 4, 5, 6, 9, and 10 of this Agreement shall survive the expiration or earlier termination of this Agreement.
12. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter of this Agreement and supersedes, cancels and merges all agreements, negotiations, commitments, writings and discussions between them as to the subject matter prior to the date of execution of this Agreement.
13. This Agreement shall be governed by and construed in accordance with the law of the State of California as such law is applied by California courts to contracts between California residents entered into and to be performed entirely within the State of California.
IF YOU AGREE WITH THE FOREGOING AGREEMENT, PLEASE PUSH CONTINUE AND PROCEED WITH THE INSTALLATION. IF YOU DON'T AGREE, PUSH CONTINUE AND THEN QUIT THIS INSTALLER.
Should User have any questions concerning this Agreement, please contact in writing: PaceWorks, 1261 E. Hillsdale Blvd. STE 6, Foster City, CA, 94404. Or by email at info@paceworks.com or using the web at www.paceworks.com
