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, one or more license codes and can include electronic media and printed documentation (all together hereafter the "Software Product").
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. 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, RETURN THE SOFTWARE PRODUCT TO THE PLACE WHERE YOU OBTAINED IT FOR A FULL REFUND.
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 the term of this Agreement. This license includes no rights to possible future improvements or updates to the Software Product. You are not authorized to copy the TeamAgenda and TA-Server software along with the license codes such that the number of authorized users on all servers is greater than that provided for by the cumulative total of the license codes you purchased. You may not rent, loan, lease or copy for others (even without remuneration) the Software, the accompanying documentation or the license codes.
2. TERM AND TERMINATION. This license is effective until terminated. 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 transfer your rights under this End User License 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. 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.
4. 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, 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.
5. LIMITED WARRANTY. Teamsoft Inc. guarantees for a period of ninety (90) days from your purchase date that the recording media on which the software is recorded will be free of defects in material under normal use. 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's entire liability and your sole and exlusive remedy for any breach of this limited warranty will be, at Teamsoft's option, replacement of the media, refund of the purchase price, or replacement of the Software.
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 WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. TEAMSOFT DOES NOT GUARANTEE A CORRESPONDANCE BETWEEN THE SOFTWARE AND THE DOCUMENTATION. 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, SPECIALLY IN RELATIONSHIP WITH ANY OTHER THIRD PARTY SOFTWARE, HARDWARE (INCLUDING PRINTERS) OR OPERATING SYSTEM. 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) SHALL 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.
6. 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.
Should you have questions concerning this Agreement, please send e-mail to info@teamsoft.com.
By using this software, you agree to be bound by the terms of the foregoing license.
