This is a legal Agreement between you (either an individual or entity) and Teamsoft Inc. regarding the TeamAgenda groupware, which includes software (TeamAgenda, TA-Server, TeamNotify, TeamRepair hereafter the "Software"), electronic documentation, and can include electronic media and printed documentation (all together hereafter the "Software Product").
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE PRODUCT. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.
1. GRANT OF LICENSE. Teamsoft Inc. grants you a non-exclusive right to use the Software Product provided by Teamsoft Inc. under this Agreement for evaluation purposes only and only for the term of this Evaluation Agreement. For the purposes of the evaluation, this Evaluation Agreement shall override the End User License Agreement included with the Software package for the term of this Agreement.
2. TERM AND TERMINATION. This Agreement shall be effective from the day you first install the Software until you reach the utilisation limit. If you do not purchase the Software prior to the expiration of the term of this Agreement, this Evaluation Agreement expires and you shall destroy all copied portions of the Software including any and all diskettes and manuals received with the evaluation copy. If you purchase the Software, all terms and conditions of the End User License Agreement included with the Software will be in full force and effect, and the terms and conditions of the Evaluation Agreement become null and void. By purchasing the Software, you indicate acceptance of the terms and conditions of the End User License Agreement provided with the Software. This License will terminate immediately without notice from Teamsoft Inc. if you fail to comply with ANY provision of this License. Upon termination you must destroy the Software and related documentation. You may not rent, loan or lease the Software Product, but you may transfer your rights under this Agreement on a permanent basis provided you transfer all copies of the Software Product and all written materials, and provided the recipient agrees to the terms of this Agreement.
3. RESTRICTIONS. The Software contains copyrighted material, trade secrets, and other proprietary material and in order to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. You may not modify, adapt, translate, rent, lease, loan, distribute or create derivative works based upon the Software in whole or in part. The Software is owned by Teamsoft Inc. or its suppliers (for portions of the Software copyright 1984-1998 FairCom Corporation) and is protected by United States copyright laws and international treaty provisions.
4. EXPORT LAW ASSURANCES. You agree and certify that neither the Software nor any other technical data received from Teamsoft Inc., nor the direct product thereof, will be shipped, transferred, or re-exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder, or will be used for any purpose prohibited by the Act, except as permitted by the laws and regulations of the jurisdiction in which you obtained the Software.
5. NO WARRANTIES. This product is provided solely for evaluation purposes. The Software and related documentation are provided "AS IS" without warranty of any kind. You expressly acknowledge and agree that use of the Software is at your sole risk. Teamsoft Inc. and Teamsoft Inc.'s Licensor(s) collectively referred to as "Teamsoft" EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TEAMSOFT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, TEAMSOFT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULT OF THE USE OF THE SOFTWARE AND RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TEAMSOFT OR A TEAMSOFT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR ANYWAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT TEAMSOFT OR A TEAMSOFT AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. Under no circumstances including negligence, shall Teamsoft, or any of the licensors, distributors, directors, officers, employees or affiliates be liable for any consequential, incidental, indirect or special damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) whether foreseeable or unforeseeable arising out of the use of or inability to use the Software or accompanying written materials, even if Teamsoft Inc. or a Teamsoft authorized representative has been advised of the possiblity of such damages. In any case, Teamsoft’s entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the Software Product.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7. GENERAL. This License shall be governed by and construed in accordance with the laws of the United States. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
8. MISCELLANEOUS. The entire cost of setup, testing, and evaluation of the Software shall be borne by you.
Should you have questions concerning this Agreement, please send e-mail to info@teamsoft.com.
By downloading and using this software, you agree to be bound by the terms of the foregoing license.
