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| This is a redacted version of one of the documents in our document package. The document samples are html version of the rtf files of the actual documents in the package. As such, formatting will not always appear correct in the samples. | ||
END USER LICENSE AGREEMENT |
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END USER LICENSE AGREEMENT Whereas, LICENSOR _______________
hereinafter referred to as ("LICENSOR")
develops proprietary computer programs and sells use licenses for such
proprietary computer programs
together with or apart from accompanying copyrighted material and documentation
and Whereas, End User desires
to obtain the benefits thereof and, in return for which, is willing
to abide by the obligations
and fee agreements applicable to LICENSOR's use licenses in LICENSOR's
proprietary computer programs. NOW THEN, for good and valuable consideration, including
but not limited to license grant in
accordance with this Agreement by
[Paragraph Omitted But Included In Fully
Licensed Version] ARTICLE
I EXCLUSIVE
SOURCE End User shall obtain all LICENSOR authorized product
materials through LICENSOR or LICENSOR's
authorized Dealer and no other source. LICENSOR authorized product materials include, but are not limited to, manuals,
[Paragraph Omitted But Included In Fully
Licensed Version] ARTICLE
II PROPRIETARY
RIGHTS OF LICENSOR End User agrees that LICENSOR retains exclusive ownership
of the trademarks represented
by its company name and logo and product names including but
not limited to ______________, and all of the documentation and computer recorded data related thereto. End
User also agrees that all techniques, algorithms, and processes contained
in LICENSOR's computer program
products or any modification or extraction thereof constitute
[Paragraph Omitted But Included In Fully
Licensed Version] ARTICLE
III ARCHIVE
COPIES ARTICLE
IV
SINGLE
CPU ARTICLE
V ASSIGNMENT
In the event End User wishes to transfer the rights
granted by this Agreement, retaining
none thereby, a letter requesting such transfer accompanied
[Paragraph Omitted But Included In Fully
Licensed Version] ARTICLE
VI LIMITED
WARRANTY LICENSOR warrants that all materials furnished by LICENSOR
constitute an accurate manufacture
of LICENSOR products and will replace any such LICENSOR furnished material
to be thus defective, provided
such defect is found within ten days of purchase by End User. However, LICENSOR makes NO express or implied
warranty of any
[Paragraph Omitted But Included In Fully
Licensed Version] ARTICLE
VII UPDATES LICENSOR may, from time to time, revise the performance
of its products and in
[Paragraph Omitted But Included In Fully
Licensed Version] ARTICLE
VIII CUSTOMER
SUPPORT ARTICLE
IX TERMINATION
OF LICENSE If any one or more of the provisions of this Agreement
is breached, the license granted
by this Agreement is hereby
terminated. Nevertheless, in
the event of such termination, all the
provisions of this Agreement which operate to protect the rights
of LICENSOR shall continue in force.
ARTICLE
X
INJUNCTIVE
RELIEF It is understood and agreed that, notwithstanding any
other provisions of this Agreement,
LICENSOR has the unequivocal right to obtain timely injunctive
relief to protect the proprietary rights
of LICENSOR. ARTICLE
XI GOVERNING
LAW ARTICLE
XII LEGAL
FEES In the event of legal action
brought by either party, the prevailing party shall be entitled to reimbursement of legal fees as set by court
action. ARTICLE
XIII ENTIRE
AGREEMENT This Agreement constitutes the entire agreement between
the parties and supersedes any prior
agreements. This Agreement may only be changed by mutual
written consent. ACKNOWLEDGEMENT By signing and returning the Licensor End User Agreement
Acknowledgment, the End User
[Paragraph Omitted But Included In Fully
Licensed Version] SEPARATE
CARD
By signing and returning
the Licensor End User Agreement Acknowledgment, the End User
[Paragraph Omitted But Included In Fully
Licensed Version] End
User Agreement Acknowledgment Complete and return this
card. Keep the End User Agreement in your files. The under
[Paragraph Omitted But Included In Fully
Licensed Version] The undersigned hereby agrees that by signing this document he or she becomes a party to said End User Agreement and agrees to be bound by all terms, conditions, and obligations contained therein. |
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