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(Updated 6/27/07 )
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End-User License Agreement
5th Avenue Software License Agreement
IMPORTANT --- READ CAREFULLY. By clicking the "I Accept" button on the download page, or by installing, copying, or otherwise using the Software, you are agreeing to be bound by the terms of this EULA, including the WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, and TERMINATION PROVISIONS. If you do not agree to the terms of this EULA do not press the "I Accept" button and do not install or use the Software.
You are entitled to receive a full refund of any payment made for the Software by so requesting and returning any media and materials in unopened, unused condition within seven (7) days after date of payment.
LICENSE TERMS
1.
The Software is supplied by 5th Avenue Software, LLC, and is licensed, not sold, under the terms of this EULA. 5th Avenue Software, LLC reserves all rights not expressly granted to you. 5th Avenue Software, LLC retains the ownership of the Software.
2.
Software License:
a. 5th Avenue Software, LLC grants you a license to use one copy of the Software. You may not modify or disable any licensing or control features of the Software.
b. This Software is licensed to operate on only one hostname or IP address.
c. Only one company may use the Software for its intended purpose on the hostname or IP address. This company may not sell the products or services of other companies in the capacity of an on-line mall or buyer service. If more than one company wishes to use the Software they must purchase a separate license.
3.
License Restrictions:
a. By accepting this EULA you are agreeing not to reverse engineer, decompile, or disassemble the Software Application, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
b. You are the exclusive licensee of the Software and sharing any source code of the Software with any individual or entity is a violation of copyright laws and international treaties.
c. Modifying any portion of the Software source code or asking any individual or entity to modify the Software source code other than 5th Avenue Software, LLC is a violation of copyright laws and international treaties.
d. 5th Avenue Software, LLC is not required to notify you of or to provide you freely with any upgrades to the Software.
e. If you upgrade the Software to a higher version of the Software, this EULA is terminated and your rights shall be limited to the EULA associated with the higher version.
4.
Proprietary Rights: All title and copyrights in and to the Software (including, without limitation, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software Application), the accompanying media and printed materials, and any copies of the Software are owned by 5th Avenue Software, LLC. The Software is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material, subject to the provisions of this EULA.
5.
Termination Rights: Without prejudice to any other rights. 5th Avenue Software, LLC may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts, and 5th Avenue Software, LLC may suspend or deactivate your use of the Software with or without notice.
6.
Export Control: You may not export or re-export the Software or any copy or adaptation of the Software in violation of any applicable laws or regulations.
7.
Limited Warranty:
a. 5th Avenue Software, LLC warrants that 5th Avenue Software, LLC will be free from defects in materials and workmanship after the date of purchase for a period 90 days. If 5th Avenue Software, LLC receives notice from you of such defects during the warranty period, 5th Avenue Software, LLC will, at its option, either repair or replace products, which prove to be defective.
b. If 5th Avenue Software, LLC is unable within a reasonable time to repair or replace any product to a condition as warranted, you will be entitled to a refund of the purchase price upon prompt return of the Software.
c. 5th Avenue Software, LLC does not warrant that the operation of 5th Avenue Software, LLC Software will be uninterrupted or error free. 5th Avenue Software, LLC Software may contain third-party functions or may have been subject to incidental use.
d. Warranty does not apply to defects resulting from improper or inadequate maintenance or calibration; software or interface routines or functions NOT developed by 5th Avenue Software, LLC unauthorized specifications for the Software; improper site preparation or maintenance; Beta Software; encryption mechanisms or routines.
e. ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS LIMITED TO THE DURATION OF THE EXPRESS WARRANTY SET FORTH ABOVE. Some states or provinces do not allow limitations on the duration of an implied warranty, so the above limitation or exclusion might not apply to you. This warranty gives you specific legal rights and you may also have other rights that vary from state to state or province to province.
8.
Limited Remedies: Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the Software. THE LIABILITY OF 5th Avenue Software, LLC. FOR A DEFECTIVE COPY OF THE SOFTWARE WILL BE LIMITED EXCLUSIVELY TO THE REPLACEMENT OF YOUR COPY OF THE SOFTWARE APPLICATION ANOTHER COPY OR REFUND OF THE INITIAL LICENSE FEE 5th Avenue Software, LLC RECEIVED FROM YOU FOR THE DEFECTIVE COPY OF THE PRODUCT. IN NO EVENT 5th Avenue Software, LLC OR ITS SUPPLIERS BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT OR LOST SAVINGS) OR OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE EVEN IF AN 5th Avenue Software, LLC REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
9.
Submissions: Should you decide to transmit to 5th Avenue Software, LLC by any means or by any media any information (including, without limitation, ideas, concepts, or techniques for new or improved services and products), whether as information, feedback, data, questions, comments, suggestions, or the like, you agree such submissions are unrestricted and shall be deemed non-confidential and you automatically grant 5th Avenue Software, LLC and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display, and perform the same.
10.
Distribution and Backups
a. DISTRIBUTION OF THE REGISTERED VERSION OF THE Software IS STRICTLY PROHIBITED and is a violation of United States copyright laws and international treaties punishable by severe criminal and civil penalties.
b. You may make copies of the Registered Version of the Software for backup purposes only. All backup copies must be an exact copy of the original Software.
11.
Governing Law: The validity, construction, and performance of this Agreement will be governed by the substantive law of the State of Mississippi.
12.
U.S. Government Restricted Rights: The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer for such purposes is 5th Avenue Software, LLC, 600 5th Avenue, Cleveland, MS 38732
© Copyright 2004, 5th Avenue Software, LLC. All Rights Reserved.
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