Public Access Software MiniCalendar EVALUATION SOFTWARE LICENSE AGREEMENT
Terms and Conditions:
1. GENERAL INFORMATION. The MiniCalendar Software (the "Software"), which consists of the executable software, configuration files, and documentation described in the distribution list, is provided by Public Access Software, ("PASoft"). By using the Software or any documentation provided with the Software, you have the license to use the Software and a disclaimer of warranty.
2. TITLE. The Software is licensed, not sold, to you for use only under the terms of this Agreement, and PASoft reserves any rights not expressly granted to you. All title, ownership rights, and intellectual property rights in and to the Software shall remain in PASoft. You will not, through this Agreement, acquire any proprietary interest in the Software.
3. LICENSE. During the term of this Agreement, you will have a non-exclusive, non-transferable, non-assignable license to use the Software for the purpose of evaluating whether to purchase an ongoing license to the Software. The evaluation period is limited to the lesser of the number of days provided in the unregistered product file and 60 days. If you continue using the Software beyond the evaluation period, a license fee is due to PASoft and no license is granted. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this license are void.
4. RESTRICTIONS ON USE. You may not distribute copies of the Software to others. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. You may not modify, adapt, translate, incorporate into other works, rent, lease, loan, resell for profit, distribute, network, or create derivative works based on the Software.
5. TERM. This Agreement shall be effective on the date that you begin using the Software. This license will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the Software.
6. DISCLAIMER OF WARRANTY. Since the Software is provided free of charge for evaluation, the Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not PASoft assume the entire cost of any service and repair.
This disclaimer of warranty constitutes an essential part of the agreement. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL PASoft OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, DATA, SAVINGS OR REVENUES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER UNDER TORT, CONTRACT OR OTHER THEORIES OF RECOVERY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. GOVERNING LAW. This Agreement shall be deemed to have been entered into and shall be interpreted and governed in all respects by the laws of the State of Kansas, excluding its conflict of law provisions. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
9. MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between PASoft and you. Should any provision of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby. The failure of any party to enforce any of the terms or conditions of this Agreement, unless waived in writing, shall not constitute a waiver of that party's right to enforce each and every term and condition of this Agreement.
