Software Agreement Document Package

Redacted Document Package
This agreement is a sample of a document contained in our Software Agreement Document Package. Omitted portions are included in the fully licensed version. Documents are provided in Word and in Rich Text Format (RTF). All documents are conveniently accessed through an E-Book indexing system.

Shrink-Wrap Software License Agreement

 

WARNING - THIS SOFTWARE IS COPYRIGHTED AND THE OWNER OF THE COPYRIGHT CLAIMS ALL EXCLUSIVE RIGHTS TO SUCH SOFTWARE, EXCEPT AS LICENSED TO USERS HEREUNDER AND SUBJECT TO STRICT COMPLIANCE WITH THE TERMS OF THIS LICENSE.

 

BY OPENING THE PACKAGING OR BREAKING THE SEAL TO THIS SOFTWARE,  YOU SIGNIFY YOUR ACCEPTANCE OF EACH AND EVERY TERM [Portions Omitted - included In fully Licensed Version]T FORTH IN THIS LICENSE AGREEMENT.  THE LICENSE GRANTED UNDER THIS LICENSE AGREEMENT IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTA [Portions Omitted - included In fully Licensed Version]T THE TERMS OF THIS LICENSE AGREEMENT OR DO NOT WISH TO COMPLY WITH ANY TERM OR CONDITION SET FORTH HEREIN, YOU SHOULD REFRAIN FROM BREAKING THE SEAL ON [Portions Omitted - included In fully Licensed Version] TO THE VENDOR.  ONCE THE SEAL IS BROKEN, THE TERMS HEREOF WILL BE DEEMED TO HAVE BEEN ACCEPTED BY YOU AND YOU WILL BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND RESTRICTIONS CONTAINED HEREIN.

 

 We do not make any warranties relative to the software licensed hereunder, including but not limited [Portions Omitted - included In fully Licensed Version]ponsible for selecting the software that will best achieve your objectives and needs.  See our full warranty disclaimers below for additional information.

 

Additional terms and conditions of this License are as follows:

 

1.             Limitation On Use and Copying.  You are hereby notified that the Software is the copyrighted work of the vendor. The vendor of the Software asserts all copyrights and other proprietary rights in and to such items.  Use of the Software is governed [Portions Omitted - included In fully Licensed Version]modify, transfer, convey, reproduce, merge into other programs, or transmit, in whole or part, the Software or any portion thereof.  The Software is licensed only for the use of the user and only in compliance with all terms, conditions, and limitations contained in this License. Any, use, adaptation, modification, publication, reproduction, redistribution or any other action that is in violation of the copyright owner’s e [Portions Omitted - included In fully Licensed Version]ranted in this License Agreement will constitute an infringement upon the rights of the vendor’s copyright and is punishable under the United States Copyright Act.

 

2.             Single CPU.  You are licensed to use the Software only on a single microcomputer installation.  In the event  you intend to use the Software or any part thereof on more than one  microcomputer, the license fee for each such multiple use must be purchased.  In the event of simultaneous use, a  license  must be [Portions Omitted - included In fully Licensed Version]vided on a machine readable media, provided such copies are for your personal use  on one microcomputer and that no  more than one such copy is used at any time.

 

3.             License Transfer. You may transfer the rights granted hereunder provided that you give up all rights hereunder and discontinue all use of the Software and remove such Software [Portions Omitted - included In fully Licensed Version], discs, and other media.  Your right and ability to transfer the Software to another party  is conditioned upon (i)  the other party agreeing in writing to  accept all of the terms and conditions of this  License, (ii)  [Portions Omitted - included In fully Licensed Version]in printed or machine-readable  form to the acquiring  party or destroying any copies not transferred;  this includes all modifications and portions of  PROGRAM contained or  merged into other programs, and (iii) [Portions Omitted - included In fully Licensed Version]e transfer and the identity, name and full address of the party that acquired the rights hereunder.

 

4.                  Term and Termination.  The term of this License shall be perpetual unless sooner terminated pursuant to the terms hereof.  This License shall automatically terminate upon your f [Portions Omitted - included In fully Licensed Version] Software including but not limited to the installed copy on your CPU and any backup copies.  Upon termination of this License for any reason, you shall have no further right or license to use the Software, shall immediately discontinue your use of the Software and destroy any and all copies of the Software, including any installed and backup copies.

 

5.                  Warranty Disclaimers.

 

The Software is provided and accepted by you on an “AS IS” basis and without warranty of any nature or type, express or implied. Vendor makes no express or implied warranty that the Software will operate without interruption or error.  The sole and exclusive warranty made by the Vendor is that the [Portions Omitted - included In fully Licensed Version] install the Software on a single CPU for a period of sixty (60) days from the date of purchase.  Upon the expiration of 60 days from the date of purchase, such warranty shall expire.  In order to invoke this warranty, Licensee shall notify the Vendor in writing of the defect, which writing shall be  received by the Vendor within such 60 day warranty period, time being of the essence of this requi [Portions Omitted - included In fully Licensed Version]y terminate this license as it sole and exclusive remedy, and receive reimbursement of any License fee paid, up to the normal retail list price for the Software.

 

THE VENDORS HEREBY DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO SOFTWARE EXCEPT FOR SPECIFIC WARRANTIES THAT ARE [Portions Omitted - included In fully Licensed Version]CLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR [Portions Omitted - included In fully Licensed Version] PARTY. THE ENTIRE RISK OF AS TO FUNCTIONAILITY, OPERATION AND FUNCTIONALITY OF THE SOFTWARE IS WITH THE LICENSEE AND THE VENDOR ASSUMES NO RISK OR OBLIGATION IN CONNECTION THEREWITH.

IN NO EVENT SHALL THE VENDOR BE LIABLE FOR OR RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUNETIAL DAMAGES OR [Portions Omitted - included In fully Licensed Version]FULL RETAIL COST OF THE SOFTWARE OR THE AMOUNT THAT THE LICENSEE PAID FOR SUCH LICENSE, EXCLUDING SALES TAX.

6.                  RESTRICTED RIGHTS LEGEND FOR GOVERNMENTAL USE. Any Software that is downloaded through accessing this web site [Portions Omitted - included In fully Licensed Version]bparagraphs (c)(1)  and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as  applicable.

 

7.                  The terms of this License supercede any and all prior understandings, representations, warranties, sales claims, advertised offers, or other understandings with respect to the Software or the terms of this License.

 

8.                 By opening this Software, breaking the seal on the wrapper, and installing the Software on your CPU, you acknowledge that you have read and understand the terms and conditions of this License and agree to abide by all of the terms and conditions set forth herein.