FARPOINT TECHNOLOGIES, INC.
SOFTWARE LICENSE AGREEMENT
This is a legal agreement between you, the end user, and FarPoint Technologies,
Inc. By installing this software, you are agreeing to be bound by the terms of
this agreement. If you do not agree to the terms of this Agreement, promptly
return the package and the accompanying items (including written materials and
binders or other containers) to the place you obtained them for a full refund
if applicable.
1. GRANT OF LICENSE. FarPoint Technologies grants you the right to use one copy
of the enclosed FarPoint Technologies software program, which includes computer
software and may include associated media, printed materials, and "online" or
electronic documentation (all of which comprises the "Software") on a single
terminal connected to a single computer (that is, with a single CPU). You may
not network the Software or otherwise use it on more than one computer terminal
at the same time unless you have an appropriate server license. Spread for Web Forms includes a server license as well as a developer license.
2. COPYRIGHT. The Software is owned by FarPoint Technologies and is protected by
United States copyright laws and international treaty provisions. You must
therefore treat the Software like any other copyrighted material (for example,
a book or musical recording) except that you may either (a) make one copy of
the Software solely for backup or archival purposes, or (b) transfer the
Software to a single hard disk provided you keep the original solely for backup
or archival purposes. You may not copy the written materials accompanying the
Software.
3. TERM OF LICENSE. The license will continue until you physically destroy all
copies of the Software and merged portions thereof, and return the original
program media and documentation to FarPoint Technologies.
4. OTHER RESTRICTIONS. You may not rent or lease the Software, but you may
transfer the Software and accompanying written materials on a permanent basis
provided you retain no copies and the recipient agrees to the terms of this
Agreement. You may not reverse engineer, decompile, or disassemble the
Software. If the Software is an update, any transfer must include the update
and all prior versions.
5. ENHANCEMENTS AND UPDATES. From time to time, at its sole discretion, FarPoint
Technologies may provide enhancements, updates, or new versions of the Software
on its then standard terms and conditions thereof. This Agreement shall apply
to such enhancements.
6. SOFTWARE MEDIA. If the Software package contains a CD and is downloaded
electronically, then you may use only the media appropriate for your
single-user computer. You may not use the other media on another computer or
loan, rent, lease, or transfer them to another user except as part of the
permanent transfer (as provided above) of all Software and written materials.
7. DISTRIBUTION. If you are using the trial or evaluation version of this
product, then you may not distribute any of the files provided with the trial
or evaluation version. The control DLL's, OCX's, and/or VBX's distributed with
the retail product may be distributed by the user royalty free. Distribution by
the user of any designers or design-time assistants (EXE's or DLL's),
executables, source code, or license files (.LIC) distributed by FarPoint
Technologies as part of this product is prohibited. You shall not develop
applications that provide an application programmable interface to the Software
or the Software as modified nor may you create Web Services with the Software
without the appropriate license from FarPoint Technologies, Inc..
Redistribution by your users of FarPoint Technologies' DLL's, OCX's, and/or
VBX's or your modified or wrapped version of our OCX's without the appropriate
redistribution license from FarPoint is prohibited.
LIMITED WARRANTY
LIMITED WARRANTY. You assume all responsibility for the selection of the
Software as appropriate to achieve the results you intend. FarPoint
Technologies warrants that the enclosed diskette or compact disc medium upon
which the Software is recorded shall be free from defects in material and
workmanship under normal use and conditions, and that the Software shall
perform substantially as described in its documentation for a period of ninety
(90) days from purchase. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, THE
SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CUSTOMER REMEDIES. FarPoint Technologies' entire liability and your exclusive
remedy shall be, at FarPoint Technologies' option, either (a) return of the
price paid or (b) repair or replacement of the Software that does not meet
FarPoint Technologies' Limited Warranty and which is returned to FarPoint
Technologies with a copy of your receipt. This Limited Warranty is void if
failure of the Software has resulted from accident, abuse, or misapplication.
Any replacement Software will be warranted for the remainder of the original
warranty period or thirty (30) days, whichever is longer.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall FarPoint Technologies
or its suppliers be liable for any damages whatsoever (including, without
limitation, damages for loss of business profits, business interruption, loss
of business information, or other pecuniary loss) arising out of use of or
inability to use this FarPoint Technologies product, even if FarPoint
Technologies or its dealer have been advised of the possibility of such
damages. Some states do not allow the exclusion or limitation of certain
implied warranties or the limitation of the foregoing warranty or the exclusion
or limitation of incidental or consequential damages, in which case and to the
extent such exclusion or limitation is not allowed some of the foregoing
limitations and exclusions may not apply to you.
U.S. GOVERNMENT RESTRICTED RIGHTS
U.S. GOVERNMENT 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 (Oct. 1988) and FAR 52.227-19 (June 1987). Contractor is FarPoint
Technologies, Inc., 808 Aviation Parkway, Suite 1300, Morrisville, NC 27560.
GENERAL PROVISION. You shall have no right to sub-license any of the rights of
this agreement, for any reason. In the event of the breach by you of this
Agreement, you shall be liable for all damages to FarPoint Technologies, and
this Agreement shall be terminated. If any provision of this Agreement shall be
deemed to be invalid, illegal, or unenforceable, the validity, legality, and
enforceability of the remaining portions of this Agreement shall not be
affected or impaired thereby.
This Agreement constitutes the entire agreement between the parties for the
supply of the Software and its associated documentation and supersedes all
prior arrangements, agreements, representations, and undertakings. This
Agreement may not be changed or modified except by a written instrument duly
executed by each of the parties hereto.
MISCELLANEOUS. This Agreement shall be governed by and construed in accordance
with the laws of the State of North Carolina, without reference to conflict of
laws principles.
You shall be responsible for the payment of all taxes, duties, or levies that
may now or hereafter be imposed by any authority upon this Agreement for the
supply, use, or maintenance of the Software, and if any of the foregoing taxes,
duties, or levies are paid at any time by FarPoint Technologies, you shall
reimburse FarPoint Technologies in full upon demand.
ACKNOWLEDGEMENTS. You acknowledge that you have read this Agreement, understand
it, and agree to be bound by its terms and conditions.