Beagle Software Warranty/License Agreement
The software and documentation that accompanies this license (collectively the “Software”) is the property of Beagle Software, or its licensors, and is protected by copyright law. While Beagle Software continues to own the Software, You will have certain rights to use the Software after Your acceptance of this license. This license governs any releases, revisions, or enhancements to the Software that Beagle Software may furnish to You. Except as may be modified by a Beagle Software license key (a “License Module”) that accompanies, precedes, or follows this license.
Your rights and obligations with respect to the use of this Software are as follows.
A. use one copy of the Software on a single computer by one or more users. If a License Module accompanies, precedes, or follows this license, You may make the number of copies of the Software licensed to You by Beagle Software as provided in Your License Module. Your License Module shall constitute proof of Your right to make such copies;
B. make one copy of the Software for archival purposes, or copy the Software onto the hard disk of Your computer and retain the original for archival purposes;
C. use the Software on a network, provided that You have a licensed copy of the Software for each computer that can access the Software over that network;
D. after written notice to Beagle Software, transfer the Software on a permanent basis to another person or entity, provided that You retain no copies of the Software and the transferee agrees to the terms of this license; and
E. use the Software in accordance with any additional permitted uses set forth below.
You may not:
A. copy the printed documentation that accompanies the Software;
B. sublicense, rent, or lease any portion of the Software; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;
C. use the Software as part of a facility management, timesharing, service provider, or service bureau arrangement;
D. use a previous version or copy of the Software after You have received and installed a disk replacement set or an upgraded version. Upon upgrading the Software, all copies of the prior version must be destroyed;
E. use a later version of the Software than is provided herewith unless You have purchased upgrade insurance or have otherwise separately acquired the right to use such later version;
F. use, if You received the software distributed on media containing multiple Beagle Software products, any Beagle Software software on the media for which You have not received a permission in a License Module;
G. use the Software in any manner not authorized by this license; nor
H. use the Software in any manner that contradicts any additional restrictions set forth below.
2. Software Upgrades:
Certain Software may be updated or modified from time to time (these updates are collectively referred to as “Software Upgrades”). You shall have the right to obtain Software Upgrades under the Warranty period (section 4), for any period for which You have purchased maintenance or support, or for any period for which You have otherwise separately acquired the right to obtain Software Upgrades. Beagle Software reserves the right to designate specified Software Upgrades as requiring separate purchase at any time and without notice to You; provided, however, that if You purchase maintenance hereunder that includes particular Software Upgrades on the date of purchase, You will not have to pay an additional fee to continue receiving such Software Upgrades through the term of such maintenance even if Beagle Software designates such Software Upgrades as requiring separate purchase. This License does not otherwise permit the licensee to obtain and use Software Upgrades.
3. Product Installation and Required Activation:
There are technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that Beagle Software may use these measures to protect Beagle Software against software piracy. This Software may contain enforcement technology that limits the ability to install and uninstall the Software on a computer to not more than a finite number of days. This License and the Software containing enforcement technology require activation as further set forth in the documentation. The Software will only operate for a finite period of time prior to Software activation by You. During activation, You will provide Your unique product key accompanying the Software and computer configuration in the form of an alphanumeric code to verify the authenticity of the Software. If You do not complete the activation within the finite period of time set forth in the documentation, or as prompted by the Software, the Software will cease to function until activation is complete, which will restore Software functionality. In the event that You are not able to activate the Software, or through any other method specified during the activation process, You may contact Beagle Software Customer Support using the information provided by Beagle Software during activation, or as may be set forth in the documentation.
4. Limited Warranty:
Beagle Software warrants that the media on which the Software is distributed will be free from defects for a period of one-hundred eighty (180) days from the date of delivery of the Software to You. Your sole remedy in the event of a breach of this warranty will be that Beagle Software will, at its option, replace any defective media returned to Beagle Software within the warranty period or refund the money You paid for the Software. Beagle Software does not warrant that the Software will meet Your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
5. Disclaimer of Damages:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL BEAGLE SOFTWARE OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF BEAGLE SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL BEAGLE SOFTWARE’S OR ITS LICENSORS’ LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE. The disclaimers and limitations set forth above will apply regardless of whether You accept the Software.
This Agreement will be governed by the laws of the State of Minnesota, United States of America. This Agreement and any related License Module is the entire agreement between You and Beagle Software relating to the Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. This Agreement shall terminate upon Your breach of any term contained herein and You shall cease use of and destroy all copies of the Software. The disclaimers of warranties and damages and limitations on liability shall survive termination. Software and documentation is delivered Ex Works Minnesota, U.S.A.. This Agreement may only be modified by a License Module that accompanies this license or by a written document that has been signed by both You and Beagle Software. Should You have any questions concerning this Agreement, or if You desire to contact Beagle Software for any reason, please write to: Beagle Software Customer Service, 126 N 3rd St., Ste 300, Minneapolis 55401, U.S.A.