Software License
The following license text is included in the software and agreed to upon installation:
ADVIZOR Solutions, a Pursuant Company
License Agreement
For ADVIZOR Solutions(r) Client Software
Protected by US Patents: 5,136,690 5,564,048 5,572,650 5,581,797 5,596,703 5,623,590 5,636,350 5,644,692 5,710,899 5,742,777 5,751,931 5,793,369 5,835,085 5,847,972 5,850,531 5,937,064 5,945,998 6,023,280 6,125,375 6,154,212 6,232,984 6,304,260 6,356,285
US Patents Pending: 09/415923 09/848202 60,598,420
BY INSTALLING OR USING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY RETURN THIS SOFTWARE. THE TERM “SOFTWARE” IN THIS AGREEMENT INCLUDES COMPUTER PROGRAMS AND RELATED DOCUMENTATION AND ANY UPDATES SUBSEQUENTLY PROVIDED BY ADVIZOR SOLUTIONS.
Use of SOFTWARE: The SOFTWARE is copyrighted and contains proprietary information protected by law. Ownership of and title to all SOFTWARE and all copies thereof, including associated intellectual property rights, are and shall remain with ADVIZOR SOLUTIONS or its suppliers. (1) ADVIZOR SOLUTIONS grants you limited rights to install and use the SOFTWARE on a single Seat solely for your personal use or internal business purposes. “Seat” means a single computer owned or leased by you on which the SOFTWARE is used. The SOFTWARE is “in use” on a computer when it is executed by the computer or loaded into the computer’s RAM or other primary memory. (2) No unauthorized copying of the SOFTWARE, making the SOFTWARE available to third parties, concurrent use of a single copy of the SOFTWARE, or attempting to commercialize the SOFTWARE is permitted. (3) You may not use, modify, or transfer the program, or any copy, in whole or in part, except as expressly permitted by this Agreement. Reverse engineering, decompiling, disassembling the object code, and creating derivative works based on the SOFTWARE are prohibited. (4) If this License Agreement is terminated for any reason, you agree to return or destroy all copies of the SOFTWARE and associated documentation in the same condition as received (normal wear and tear excepted), to erase all SOFTWARE from your systems, and to certify compliance upon request. (5) You acknowledge the SOFTWARE is subject to United States export laws and regulations and agree you will not use, distribute, transfer, or transmit the SOFTWARE or technical information except in full compliance with the United States export regulations. (6) You agree that your rights under this Agreement are personal and non-exclusive and may not be assigned or otherwise transferred. Violation of any of the above provisions will automatically terminate this Agreement.
Warranty: ADVIZOR SOLUTIONS warrants only that (1) it shall have the right to enter into this license and (2) that for ninety (90) days after delivery (“warranty period”) the SOFTWARE will substantially perform in accordance with ADVIZOR SOLUTIONS’s written specifications and documentation. If you notify ADVIZOR SOLUTIONS during the warranty period of any defect, covered by this warranty, then ADVIZOR SOLUTIONS will repair or replace the SOFTWARE. ADVIZOR SOLUTIONS will not be responsible for any defect caused by misuse, abuse, caused by third parties for which ADVIZOR SOLUTIONS is not responsible, acts of god, or use not in accordance with ADVIZOR SOLUTIONS’s documentation or this license. If ADVIZOR SOLUTIONS cannot repair or replace the SOFTWARE, ADVIZOR SOLUTIONS shall accept return of the SOFTWARE and refund the license fees paid by you. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, ADVIZOR SOLUTIONS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. ADVIZOR SOLUTIONS DOES NOT WARRANT THAT LICENSED SOFTWARE WILL RUN UNINTERRUPTED OR ERROR-FREE AND ADVIZOR SOLUTIONS DOES NOT WARRANT AGAINST ANY DATABASE ERRORS. You assume the entire risk as to the selection, results, and performance of the SOFTWARE and any and all damage or loss from use of, or inability to use the SOFTWARE.
Limitation of Liability: ADVIZOR SOLUTIONS (INCLUDING HEREIN ITS AFFILIATES) SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR SPECIAL, INDIRECT, RELIANCE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS ARISING OUT OF THE PROVISION OF THE PRODUCTS, SOFTWARE OR SERVICES OR IN ANY WAY ARISING OUT OF THIS AGREEMENT, WHETHER IN AN ACTION ARISING OUT OF BREACH OF CONTRACT, BREACH OF WARRANTY, DELAY, NEGLIGENCE, STRICT TORT LIABILITY, OR ANY OTHER THEORY. IN NO EVENT SHALL ADVIZOR SOLUTIONS’ LIABILITY ARISING OUT OF OR BASED UPON THIS AGREEMENT REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, INCLUDING WITHOUT LIMITATION, ANY ACTION IN TORT OR CONTRACT, EXCEED THE FEES PAID TO ADVIZOR SOLUTIONS PURSUANT TO THIS AGREEMENT.
Miscellaneous: This Agreement shall be construed in accordance with and governed by the laws of the State of Illinois, excluding its conflict of laws rules.
U.S. Government Rights: If you are obtaining SOFTWARE on behalf of any part of the United States Government, the SOFTWARE shall be deemed “commercial SOFTWARE” and “commercial computer SOFTWARE documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the SOFTWARE shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND THAT BY INSTALLING OR USING THE SOFTWARE YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU
FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SOFTWARE OR THIS AGREEMENT.
ADVIZOR SOLUTIONS Limited Use License January 1, 2008