PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE.
BY CLICKING ON THE "Download Now" BUTTON, OPENING THE PACKAGE,
INSTALLING THE PRODUCT, OR USING THE EQUIPMENT THAT CONTAINS THIS
PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT.
Single User License Grant: Real Software Solutions Inc. ("Real
Software Solutions") and its suppliers grant to Customer
("Customer") a nonexclusive and nontransferable license to use the
Real Software Solutions software ("Software") in object code form
solely on a single central processing unit owned or leased by
Customer or otherwise embedded in equipment provided by Real
Software Solutions.
Multiple-Users License Grant: Real Software Solutions Inc. ("Real
Software Solutions") and its suppliers grant to Customer
("Customer") a nonexclusive and nontransferable license to use the
Real Software Solutions software ("Software") in object code form: (i)
installed in a single location on a hard disk or other storage
device of up to the number of computers owned or leased by Customer
for which Customer has paid a license fee ("Permitted Number of
Computers"); or (ii) provided the Software is configured for network
use, installed on a single file server for use on a single local
area network for either (but not both) of the following purposes:
(a) permanent installation onto a hard disk or other storage device
of up to the Permitted Number of Computers; or (b) use of the
Software over such network, provided the number of computers
connected to the server does not exceed the Permitted Number of
Computers. Customer may only use the programs contained in the
Software (i) for which Customer has paid a license fee (or in the
case of an evaluation copy, those programs Customer is authorized to
evaluate) and (ii) for which Customer has received a product
registration key ("PRK"). Customer grants to Real Software Solutions
or its independent accountants the right to examine its books,
records and accounts during Customer's normal business hours to
verify compliance with the above provisions. In the event such audit
discloses that the Permitted Number of Computers is exceeded,
Customer shall promptly pay to Real Software Solutions the
appropriate licensee fee for the additional computers or users. At
Real Software Solutions' option, Real Software Solutions may
terminate this license for failure to pay the required license fee.
Customer may make one (1) archival copy of the Software provided
Customer affixes to such copy all copyright, confidentiality, and
proprietary notices that appear on the original.
EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY, IN
WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE;
REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE
SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE
WORKS OF THE SOFTWARE.
Customer agrees that aspects of the licensed materials, including
the specific design and structure of individual programs, constitute
trade secrets and/or copyrighted material of Real Software
Solutions. Customer agrees not to disclose, provide, or otherwise
make available such trade secrets or copyrighted material in any
form to any third party without the prior written consent of Real
Software Solutions. Customer agrees to implement reasonable security
measures to protect such trade secrets and copyrighted material.
Title to Software and documentation shall remain solely with Real
Software Solutions.
LIMITED WARRANTY. Real Software Solutions warrants that for a period
of ninety (90) days from the date of shipment from Real Software
Solutions: (i) the media on which the Software is furnished will be
free of defects in materials and workmanship under normal use; and
(ii) the Software substantially conforms to its published
specifications. Except for the foregoing, the Software is provided
AS IS. This limited warranty extends only to Customer as the
original licensee. Customer's exclusive remedy and the entire
liability of Real Software Solutions and its suppliers under this
limited warranty will be, at Real Software Solutions or its service
center's option, repair, replacement, or refund of the Software if
reported (or, upon request, returned) to the party supplying the
Software to Customer. In no event does Real Software Solutions
warrant that the Software is error free or that Customer will be
able to operate the Software without problems or interruptions.
This warranty does not apply if the software (a) has been altered,
except by Real Software Solutions, (b) has not been installed,
operated, repaired, or maintained in accordance with instructions
supplied by Real Software Solutions, (c) has been subjected to
abnormal physical or electrical stress, misuse, negligence, or
accident, or (d) is used in ultra hazardous activities.
DISCLAIMER. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR
IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE
OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE
EXTENT ALLOWED BY APPLICABLE LAW.
IN NO EVENT WILL Real Software Solutions OR ITS SUPPLIERS BE LIABLE
FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND
REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE EVEN IF Real Software Solutions OR ITS
SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In
no event shall Real Software Solutions' or its suppliers' liability
to Customer, whether in contract, tort (including negligence), or
otherwise, exceed the price paid by Customer. The foregoing
limitations shall apply even if the above-stated warranty fails of
its essential purpose. SOME STATES DO NOT ALLOW LIMITATION OR
EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
The above warranty DOES NOT apply to any beta software, any software
made available for testing or demonstration purposes, any temporary
software modules or any software for which Real Software Solutions
does not receive a license fee. All such software products are
provided AS IS without any warranty whatsoever.
This License is effective until terminated. Customer may terminate
this License at any time by destroying all copies of Software
including any documentation. This License will terminate immediately
without notice from Real Software Solutions if Customer fails to
comply with any provision of this License. Upon termination,
Customer must destroy all copies of Software.
Software, including technical data, is subject to U.S. export
control laws, including the U.S. Export Administration Act and its
associated regulations, and may be subject to export or import
regulations in other countries. Customer agrees to comply strictly
with all such regulations and acknowledges that it has the
responsibility to obtain licenses to export, re-export, or import
Software.
This License shall be governed by and construed in accordance with
the laws of the State of California, United States of America, as if
performed wholly within the state and without giving effect to the
principles of conflict of law. If any portion hereof is found to be
void or unenforceable, the remaining provisions of this License
shall remain in full force and effect. This License constitutes the
entire License between the parties with respect to the use of the
Software.
Restricted Rights - Real Software Solutions' software is provided to
non-DOD agencies with RESTRICTED RIGHTS and its supporting
documentation is provided with LIMITED RIGHTS. Use, duplication, or
disclosure by the Government is subject to the restrictions as set
forth in subparagraph "C" of the Commercial Computer Software -
Restricted Rights clause at FAR 52.227-19. In the event the sale is
to a DOD agency, the government's rights in software, supporting
documentation, and technical data are governed by the restrictions
in the Technical Data Commercial Items clause at DFARS 252.227-7015
and DFARS 227.7202. Manufacturer is Real Software Solutions Inc.