Topic: DMD0329
End User License Agreement and Warranty
License Agreement
IMPORTANT
BEFORE OPENING THIS PACKAGE AND USING THIS SOFTWARE YOU SHOULD CAREFULLY READ THIS AGREEMENT
The enclosed Do-more Designer computer software program (the "Software") is the property of Automationdirect.com, inc. or its suppliers. Before installing this package, carefully read this Agreement. If you do not accept the terms and conditions of this Agreement, you should return the enclosed Software and any accompanying items (including any manuals, release notes, binders, etc.), unopened, to Automationdirect.com for a full refund.
1. LICENSE. Subject to the terms and conditions of this Agreement, when you install this software, Automationdirect.com grants you and you accept a non-exclusive license to use the following Software which you obtain from Automationdirect.com. The particular Software you have acquired and the type of license is specified in your purchase order as part of the part number for the item. The following applies to each type of Software product and license:
Do-more Designer "Single User" License
If you have acquired a Single User license for the Do-more Designer Software you may use one copy of the Do-more Designer product on any single computer, provided the Software is in use on only one computer at any time. The Do-more Designer Software is deemed "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (i.e., hard disk, CD-ROM or other storage device) of that computer, except that a copy may be installed on a network server for the sole purpose of distribution to other computers for which you have obtained a license for the product and that are not currently ”in use”. You must have a reasonable mechanism or process in place to ensure that the number of computers using the Do-more Designer Software concurrently does not exceed the number of licenses, and obtain any required additional licenses from Automationdirect.com. However, if the Do-more Designer Software is permanently installed on the hard disk or other storage device of a computer (other than a network server) and one person uses that computer more than 80% of the time it is in use, then that person may also use the Do-more Designer Software on a single portable computer or a single computer at home.
2. COPYRIGHT. The Software is owned by Automationdirect.com or its suppliers and is protected by United States copyright laws and international treaty provisions. You shall not remove or alter, or permit any person to remove or alter, any of the copyright or other notices of Automationdirect.com or its suppliers on, stated in or affixed to the Software or any of the documentation, or on any CDs, covers or other packaging containing Software or the documentation.
3. RESTRICTIONS. You acknowledge that the Software and the related documentation delivered to you are and shall remain the property of Automationdirect.com or its suppliers and that no right is granted to you to (i) copy, print, transfer, transmit or display all or any part of the Software or the documentation except as specifically provided herein, (ii) modify the Software or merge or utilize all or any part of the Software with or into other computer programs, or (iii) compile, reverse compile or disassemble all or any part of the Software. You may, however, either make one copy of each of the Software products acquired by you in machine readable form for backup or archival purposes.
4. LIMITED WARRANTY.Automationdirect.com warrants that the Software will perform substantially in accordance with the written materials accompanying the Software for a period of ninety (90) days from the date of receipt. EXCEPT AS PROVIDED ABOVE, AUTOMATIONDIRECT.COM OR ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, NATURE OR DESCRIPTION, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR ANY RELATED WRITTEN MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND AUTOMATIONDIRECT.COM OR ITS SUPPLIERS HEREBY DISCLAIM THE SAME. This Limited Warranty is void if failure of the Software results from accident, abuse, or misapplication or failure to use the Software in accordance with its documentation.
5. CUSTOMER REMEDIES.Automationdirect.com's entire liability and your exclusive remedy shall be, at Automationdirect.com's option, either refund of the price paid for the defective Software, or repair or replacement of the defective Software, in each case upon return to Automationdirect.com during the warranty period. You must return the defective Software product to Automationdirect.com with a copy of your purchase receipt. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
6. LIMITATION ON LIABILITY. In no event shall Automationdirect.com or its suppliers be liable, whether in contract or in tort, or under any other legal theory (including, without limitation, negligence), for any indirect, special, consequential or incidental damages arising out of or in connection with the Software or any documentation, including, without limitation, lost profits or revenues, loss of data or business information, costs for recreating lost data, business interruption, costs for replacement programs, or any similar damages, or for any claim made against you by any other party, even if Automationdirect.com has been advised of the possibility of such claim. In no event will the liability of Automationdirect.com or its suppliers for any Software exceed the price paid by you for the defective Software product.
7. NO TRANSFER. You may not rent or lease the Software, but you may transfer your rights under each copy of the Software products on a permanent basis with the prior written consent of Automationdirect.com, provided that you transfer this Agreement, the Software, and all accompanying written materials and retain no copies on any computer or other form of media. Any transfer of the Software must include the most recent update and all prior released versions. Any transfer requires that you provide written notification to Automationdirect.com prior to the transfer, the prior written consent of Automationdirect.com, and the recipient’s agreement in writing to abide by the terms contained in this Agreement. Automationdirect.com reserves the right to reject the transfer if it is not in the best interest of Automationdirect.com, its customers or authorized resellers.
8. TERM AND TERMINATION. This Agreement and the licenses granted in this Agreement are effective until terminated. You may terminate this Agreement at any time by notifying Automationdirect.com, returning the Software and related documentation, and destroying all copies. This Agreement will also terminate upon your failure to comply with any of its terms, in which event you must return the Software and the written materials to Automationdirect.com and destroy all copies.
9. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and accompanying documentation are "commercial computer software" and "commercial computer software documentation," respectively, with United States Government rights governed by DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying documentation by the United States Government 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.
10. MISCELLANEOUS. No failure or delay to exercise any right or remedy under this Agreement shall operate as a waiver, and a single or partial exercise of any right or remedy will not preclude the further exercise of such right or remedy or any other right or remedy. This Agreement supercedes any other oral or written agreement between you and Automationdirect.com or its suppliers. This Agreement shall be construed and enforced in accordance with the laws of the State of Georgia, without regard to its rules regarding conflicts of law.
ATLLIB01 1300696.2