Barr Systems, Inc. (‘‘Barr Systems’’) grants and Licensee accepts the terms and conditions of this agreement which provide a non-transferable and non-exclusive license to use the software program (‘‘Licensed Software’’) enclosed herewith on one single-user workstation, so long as Licensee complies with the terms of this agreement. Licensee’s rights hereunder are those of a licensed user only and the Licensed Software shall at all times remain the property of Barr Systems.
Licensee agrees to pay for licenses for additional user copies of the Licensed Software if Licensee intends to, or does, use it on more than one single-user workstation at a time.
Licensee understands that the use of the Licensed Software, or the use of any of the computer hardware (the ‘‘Product Hardware’’) purchased from Barr Systems, constitutes acceptance of the terms and conditions of this Software License Agreement and this Limited Warranty with respect to the Product Hardware and the Licensed Software.
The Licensed Software and the Product Hardware are under warranty for a period of one year following the date the Licensed Software and the Product Hardware were mailed or otherwise made available to Licensee. Support for the Licensed Software and the Product Hardware beyond the initial one-year warranty period may be obtained by Licensee through the purchase of an annual Licensed Software and Product Hardware Maintenance Agreement from Barr Systems.
Barr Systems warrants that the Licensed Software and the Product Hardware will perform substantially in accordance with the published specification statement, documentation, and authorized advertising. Provided Barr Systems is notified of significant errors during the warranty period, Barr Systems shall, at its option:
Provide telephone support (Phone 800-BARR-SYS or 352-491-3100) to correct significant and demonstrable Licensed Software program or documentation errors within a reasonable period of time, or
Repair or replace the Product Hardware within a reasonable period of time if it should prove defective, or
Provide or authorize a refund of the purchase price of the Licensed Software or the Product Hardware.
The Licensee shall not sell, assign, sublicense, copy, or otherwise reproduce in whole or in part, or transfer any copies of the Licensed Software to another person, subsidiary, parent company, or other company without the express written permission of Barr Systems. Barr Systems has the legal right to trace serial numbers and to take legal action if these conditions are violated.
THE LICENSED SOFTWARE AND THE PRODUCT HARDWARE ARE PROVIDED ‘‘AS IS.’’ ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE LICENSED SOFTWARE AND THE PRODUCT HARDWARE ARE HEREBY DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EXCEPT THAT BARR SYSTEMS WARRANTS THAT THE LICENSED SOFTWARE AND THE PRODUCT HARDWARE, WHEN DELIVERED, WILL OPERATE SUBSTANTIALLY AS DESCRIBED IN THE USER DOCUMENTATION OR GUIDE. UNDER NO CIRCUMSTANCES WILL BARR SYSTEMS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. LICENSEE’S SOLE AND EXCLUSIVE REMEDY FOR THE BREACH OF ANY PROVISIONS OF THIS AGREEMENT OR FOR BREACH OF WARRANTY SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT OF THE LICENSED SOFTWARE OR THE PRODUCT HARDWARE BY BARR SYSTEMS, OR THE REFUND OF THE PURCHASE PRICE. THE CHOICE OF REMEDIES SHALL BE MADE AT THE OPTION OF BARR SYSTEMS.
Licensee and Barr Systems agree that the Licensed Software and the Product Hardware are not intended for use by Licensee as ‘‘consumer goods’’ under state or federal law.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Some states do not allow limitations on how long an implied warranty lasts or exclusion or limitation of incidental or consequential damages; therefore, the limitations set forth in this agreement may not apply to you.
The Licensed Software is the sole and exclusive property of Barr Systems, which is licensed and distributed by Barr Systems pursuant to a nonexclusive software license agreement; it is an unpublished work, with all rights reserved, and contains confidential information and trade secrets proprietary to Barr Systems. Disassembly or decompilation is prohibited; patents pending.
Licensee acknowledges and agrees that the Licensed Software is copyrighted and that Licensee is not authorized to reproduce any copies of the Licensed Software, nor allow others to reproduce any copies except in accordance with instructions in this manual. Licensee further agrees that Licensee does not have, and shall not gain, any exclusive copyright rights with regard to the Licensed Software.
These definitions shall govern the use of terms in this agreement: ‘‘Barr Systems, Inc.,’’ a Florida corporation, whose address is 4500 NW 27 Avenue, Gainesville, Florida 32606-7031, is the author and owner of the Licensed Software; ‘‘Single-user workstation’’ is defined to include any device from which the enclosed Licensed Software may be used or accessed; ‘‘Multiple user’’ is defined as more than one single-user workstation. Where networks of terminals are used, each such terminal shall be counted as a separate single-user workstation and must be licensed individually; ‘‘Licensed Software’’ is the computer program licensed to Licensee, regardless of the form in which Licensee may subsequently use it, and regardless of any modification which Licensee may make to it. The Licensed Software is distributed in machine-readable form only and no source code is provided; ‘‘License’’ means this agreement and the rights and obligations which it creates under the United States Copyright law and the laws of the several states and territories of the United States; ‘‘Licensee’’ refers to the end user (individual or company); ‘‘Product Hardware’’ refers to any computer hardware manufactured, sold or distributed by Barr Systems.
This is the entire agreement between Barr Systems and Licensee and it cannot and shall not be modified by purchase orders, advertising, or other representations of anyone.
All notices or other communications given under this agreement shall be in writing, sent to the address presented above as the principal place of business of Barr Systems, or such other addresses as Barr Systems may designate in writing.
Both parties acknowledge that they have read all the terms of this agreement, understand it and are authorized to enter into it and agree to be bound by its terms and that it is the complete and exclusive statement of the agreement between the parties, which supersedes all proposals, oral or written.
If any provision, or portion thereof, of this agreement shall be deemed invalid and/or inoperative, under any applicable statute or rule of law, it is to that extent to be deemed omitted and shall have no effect on any other provisions of the agreement.
This agreement shall be construed and enforced in accordance with the laws of the State of Florida and is deemed entered into at Alachua County, Florida, by both parties.