AMERICA’S SOFTWARE CORPORATION
188 Ponderosa Circle, Mooresville, NC 28117
704-662-8428 – Voice
704-662-6830 - Fax
END USER LICENSE AGREEMENT FOR Radiography School Management Software (RADIOGRAPHY STUDENT MANAGEMENT SOFTWARE (RSMS PRO))
IMPORTANT—READ CAREFULLY: This RADIOGRAPHY STUDENT MANAGEMENT SOFTWARE (RSMS PRO) End User License Agreement is a legal agreement between you (either an individual or a single entity) and America’s Software Corporation for the RADIOGRAPHY STUDENT MANAGEMENT SOFTWARE (RSMS PRO) software product identified above, which includes computer software and associated media and printed materials, and may include “online” or electronic documentation (“SOFTWARE PRODUCT” or “SOFTWARE”). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this RADIOGRAPHY STUDENT MANAGEMENT SOFTWARE (RSMS PRO) End User License Agreement. If you do not agree to the terms of this RADIOGRAPHY STUDENT MANAGEMENT SOFTWARE (RSMS PRO) End User License Agreement, promptly return the unopened and unused SOFTWARE PRODUCT within 14 days of date of invoice to the place from which you obtained it for a full refund less shipping charges.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This RADIOGRAPHY STUDENT MANAGEMENT SOFTWARE (RSMS PRO) End User License Agreement grants you the following rights:
Software. You may install and use the Standard Edition of RADIOGRAPHY STUDENT MANAGEMENT SOFTWARE (RSMS PRO) on an unlimited number of computers at one site location for use by the Radiography Program. If the End User intends to install the RADIOGRAPHY STUDENT MANAGEMENT SOFTWARE (RSMS PRO) software on computers at for training purposes, they are granted unlimited use for that purpose at that campus.
Storage/Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a license for each separate site location on which the SOFTWARE PRODUCT is installed or run from the storage device. The term “Site” means a physical location other than the primary location and at a different address.
2 DESCRIPTION OF OTHER RIGHTS AND
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation unless express written permission is obtained from America’s Software Corporation
Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use.
Rental. You may not rent or lease the SOFTWARE PRODUCT.
3 TERMINATION. Without prejudice to any other rights, RADIOGRAPHY STUDENT MANAGEMENT SOFTWARE (RSMS PRO) may terminate this RADIOGRAPHY STUDENT MANAGEMENT SOFTWARE (RSMS PRO) End User License Agreement if you fail to comply with the terms and conditions of this RADIOGRAPHY STUDENT MANAGEMENT SOFTWARE (RSMS PRO) End User License Agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
4 COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by America’s Software or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may either (a) make copies of the SOFTWARE PRODUCT solely for backup or archival purposes and (b) install the SOFTWARE PRODUCT on unlimited computers at one campus site for the Radiography Program. The term “site” means at one site address. If you wish to install the software on more than one campus site you must purchase a separate license for the additional campus site.
LIMITED WARRANTY. America’s Software Corporation warrants that (a)_the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of twenty one (21) days from the date of receipt, and (b)_any hardware accompanying the SOFTWARE PRODUCT will be free from defects in materials and workmanship under normal use and service for a period of thirty (30) days from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
CUSTOMER REMEDIES. America’s Software and its suppliers’ entire liability and your exclusive remedy shall be, at America’s Software’s option, either (a)return of the price paid, or (b) repair or replacement of the SOFTWARE PRODUCT or hardware that does not meet America’s Software’s Limited Warranty and which is returned to America’s Software with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT or hardware will be warranted for the remainder of the original warranty period or thirty (14) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by America’s Software Corporation are available without proof of purchase from an authorized international source.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMERICA’S SOFTWARE CORPORATION AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT, AND ANY ACCOMPANYING HARDWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMERICA’S SOFTWARE CORPORATION OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIRADIOGRAPHY, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF RADIOGRAPHY STUDENT MANAGEMENT SOFTWARE (RSMS PRO) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIRADIOGRAPHY DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.