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SOFTWARE LICENSE AGREEMENT
IMPORTANT:
PLEASE READ THE NOLAN INNOVATION INC. AND DOGOODSOFTWARE, SOFTWARE LICENSE AGREEMENT AND THE NOLAN INNOVATION INC.
AND DOGOODSOFTWARE SHAREWARE, SOFTWARE LICENSE AGREEMENT (BOTH BELOW) BEFORE YOU CLICK ON THE "YES" BUTTON.
BY CLICKING ON THE "YES" BUTTON, YOU ARE CONSENTING TO BE BOUND TO THE TERMS AND CONDITIONS STATED BELOW,
AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE
"NO" BUTTON.
NOLAN INNOVATION INC. AND DOGOODSOFTWARE, SOFTWARE LICENSE AGREEMENT FOR
NON-SHAREWARE SOFTWARE
1. License.
DOGOODSOFTWARE a Division of Nolan Innovation Inc. grants to the Licensee purchasing this package a non-exclusive,
nontransferable license to use this software ("Software") and its documentation for use under the terms
and conditions of this License. The Licensee owns the diskette(s) or CD-ROM on which the Software is recorded,
but DOGOODSOFTWARE retains title to the Software and accompanying documentation. This License provides for the
use of the Software by a single User and all Users for which add-on licenses have been purchased. "User"
means an individual, or current employees of the Licensee, if Licensee is a corporation or other business or commercial
entity or government agency which has purchased add-on Licenses. Each authorized User may only use the Software
via a connection to the Site's network on any computer owned by Licensee. A "Site" means (a) a single
corporation, business, or commercial entity, (b) a government agency. The "Site Address" designated by
Licensee for the "Site License No." listed on the Order Form is the address of the Site. Licensee shall
promptly notify DOGOODSOFTWARE if there is a change of Site Address.
2. Restrictions.
This License allows the Licensee to exercise the rights granted herein and must be retained by Licensee. Licensee
may not rent, lease or otherwise transfer any part of the Software or its accompanying documentation. Licensee
may make a limited number of copies of the Software specified by the number of licensed Users as well as a reasonable
number of back-up copies. The Software contains DOGOODSOFTWARE’s copyrighted material, trade secrets and other
proprietary material. Licensee must reproduce the DOGOODSOFTWARE’s copyright notice and any other proprietary notices
found on the original Software on all copies of the Software. Licensee shall not, without prior written permission
from DOGOODSOFTWARE, nor permit anyone else, to decompile, reverse engineer, disassemble or otherwise reduce the
Software to a human perceivable form, or to rent, lease, modify, network, distribute, loan, or create derivative
works based upon the Software or its documentation in whole or in part. Any and all information obtained during
such unlawful reverse engineering and/or decompiling activities, including but not limited to, the organization,
logic, algorithms and processes of the Software, shall be deemed to be confidential and proprietary information
of DOGOODSOFTWARE. Licensee shall not make copies of any documentation accompanying the Software without prior
written permission of DOGOODSOFTWARE.
This License does not grant Licensee any right to receive enhancements or updates to the Software or accompanying
documentation except those described in the original purchase offer. Enhancements and updates, if available, may
be obtained by Licensee at DOGOODSOFTWARE 's then-current standard pricing, terms, and conditions. Title, ownership
rights, and intellectual property rights to content accessed through the Software is the property of the applicable
content owner and may be protected by applicable copyright or other law. This License gives Licensee no rights
to such content. DOGOODSOFTWARE may furnish the Software and On-Line Help to Licensee electronically or on media
in machine-readable object code form.
3. Technical Support.
For individual Licenses an unlimited period commencing with the date of DOGOODSOFTWARE 's receipt of registration
("Registration") of this License ("the Support Start Date"), Licensee will have access to technical
support via electronic mail (EMAIL) during published business hours. Upgrades to the Software and its documentation,
if any, are not included except as described in the original purchase offer and may be sold separately.
4. Limited Warranty of Diskettes and CD-ROM.
If DOGOODSOFTWARE provides the Software on diskettes or CD-ROM, it will warrant the Software diskettes or CD-ROM
to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the
date of purchase. DOGOODSOFTWARE's entire liability and Licensee's exclusive remedy will be limited to replacement
of the defective diskettes upon return to the place of purchase within the warranty period. DOGOODSOFTWARE will
not be responsible for replacement of any diskette damaged by accident, abuse or misapplication. ALL IMPLIED WARRANTIES
ON THE SOFTWARE DISKETTES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF PURCHASE AND/OR REGISTRATION.
5. Disclaimer of Warranty.
Licensee acknowledges and agrees that the use of the Software and all accompanying documentation is at Licensee's
sole risk. The Software and documentation are provided "AS IS" and without warranty of any kind. TO THE
MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, THE STATED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, WRITTEN
OR ORAL, STATUTORY, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION THERETO, THE WARRANTY OF MERCHANTABILITY,
THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. DOGOODSOFTWARE DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL
BE FREE OF ERRORS. DOGOODSOFTWARE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE
OR FOR ANY REASON, OR FOR COMMERCIAL LOSSES OF ANY CAUSE, WHETHER OR NOT DOGOODSOFTWARE HAS RECEIVED NOTICE OF
THE POSSIBILITY OR CERTAINTY OF SUCH DAMAGES OR LOSSES. CONSEQUENTIAL DAMAGES INCLUDE ANY LOSS OF INFORMATION,
DAMAGE TO COMPUTER OR MONITOR, LOSS OF PROFITS, BUSINESS INTERRUPTIONS AND ANY OTHER MONETARY LOSS.
6. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DOGOODSOFTWARE
AND ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ITS DOCUMENTATION, EVEN IF DOGOODSOFTWARE OR ITS
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall DOGOODSOFTWARE's
total liability to Licensee for all damages, losses, and causes of action (whether in contract, tort, including
negligence, or otherwise) exceed the amount paid by Licensee for the Software and its documentation.
7. No Waiver or Assignment.
This License may not be assigned, sublicensed or otherwise transferred by the Licensee, by operation of law or
otherwise, without DOGOODSOFTWARE's prior written consent.
8. U.S. Government Restricted Rights.
The Software and its documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the
Government is subject to restriction as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software
- Restricted Rights at 48 CFR 52.227-19, as applicable.
9. Export Controls.
Licensee may not download or export the Software or its technology except in full compliance with all United States
regulations and laws. The Software or technology may not be downloaded or exported to a national or resident from
Cuba, Haiti, Iran, Iraq, Libya, North Korea, Syria, Yugoslavia, or any other country subject to a United States
embargo.
10. Termination.
This agreement may be terminated immediately by either party in the event of default by the other party. If this
Agreement is terminated, Licensee will immediately discontinue use of the Software and shall return all copies
of the Software and its documentation to DOGOODSOFTWARE within fourteen (14) days. Licensee may also terminate
this Agreement at any time by destroying all copies of the Software and its documentation. Licensee's obligations
to pay the agreed upon charges and fees will survive the termination of this Agreement.
11. General.
This Agreement represents the only statement of the terms relative to this license between the parties and supersedes
any previous agreements or representations. This Agreement may only be amended in writing, and must be executed
by both parties. DOGOODSOFTWARE IS NOT BOUND BY ANY PROVISION OF ANY PURCHASE ORDER, RECEIPT, ACCEPTANCE, CONFIRMATION,
CORRESPONDENCE, OR OTHERWISE UNLESS DOGOODSOFTWARE SPECIFICALLY AGREES TO THE PROVISION IN WRITING. If any section
of this Agreement is held to be unenforceable for any reason, the section shall be reformed only to the extent
necessary to make it enforceable. This Agreement shall be governed by United States and Arizona law.
NOLAN INNOVATION INC. AND DOGOODSOFTWARE, SOFTWARE LICENSE AGREEMENT FOR
SHAREWARE SOFTWARE.
1. License.
DOGOODSOFTWARE a division of Nolan Innovation Inc. ("DOGOODSOFTWARE"), subject to the conditions contained
herein, grants you ("LICENSEE") a non-exclusive license to use this proprietary software product ("Software")
free of charge on a trial basis for thirty (30) days in order to evaluate whether to purchase a licensed copy of
the Software.
2. Restrictions.
This License allows the Licensee to exercise the rights granted herein and must be retained by Licensee. Licensee
may not rent, lease or otherwise transfer any part of the Software or its accompanying documentation. Licensee
may make a limited number of copies of the Software specified by the number of licensed Users as well as a reasonable
number of back-up copies. The Software contains DOGOODSOFTWARE's copyrighted material, trade secrets and other
proprietary material. Licensee must reproduce the DOGOODSOFTWARE copyright notice and any other proprietary notices
found on the original Software on all copies of the Software. Licensee shall not, without prior written permission
from DOGOODSOFTWARE, nor permit anyone else, to decompile, reverse engineer, disassemble or otherwise reduce the
Software to a human perceivable form, or to rent, lease, modify, network, distribute, loan, or create derivative
works based upon the Software or its documentation in whole or in part. Any and all information obtained during
such unlawful reverse engineering and/or decompiling activities, including but not limited to, the organization,
logic, algorithms and processes of the Software, shall be deemed to be confidential and proprietary information
of DOGOODSOFTWARE. Licensee shall not make copies of any documentation accompanying the Software without prior
written permission of DOGOODSOFTWARE.
This License does not grant Licensee any right to receive enhancements or updates to the Software or accompanying
documentation except those described in the original purchase offer. Enhancements and updates, if available, may
be obtained by Licensee at DOGOODSOFTWARE's then-current standard pricing, terms, and conditions. Title, ownership
rights, and intellectual property rights to content accessed through the Software is the property of the applicable
content owner and may be protected by applicable copyright or other law. This License gives Licensee no rights
to such content. DOGOODSOFTWARE may furnish the Software and On-Line Help to Licensee electronically or on media
in machine-readable object code form.
3. Technical Support.
For individual Licenses an unlimited period commencing with the date of DOGOODSOFTWARE 's receipt of registration
("Registration") of this License ("the Support Start Date"), Licensee will have access to technical
support via electronic mail (EMAIL) during published business hours. Upgrades to the Software and its documentation,
if any, are not included except as described in the original purchase offer and may be sold separately.
4. Limited Warranty of Diskettes and CD-ROM.
If DOGOODSOFTWARE provides the Software on diskettes or CD-ROM, it will warrant the Software diskettes or CD-ROM
to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the
date of purchase. DOGOODSOFTWARE's entire liability and Licensee's exclusive remedy will be limited to replacement
of the defective diskettes upon return to the place of purchase within the warranty period. DOGOODSOFTWARE will
not be responsible for replacement of any diskette damaged by accident, abuse or misapplication. ALL IMPLIED WARRANTIES
ON THE SOFTWARE DISKETTES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF PURCHASE.
5. Disclaimer of Warranty.
Licensee acknowledges and agrees that the use of the Software and all accompanying documentation is at Licensee's
sole risk. The Software and documentation are provided "AS IS" and without warranty of any kind. TO THE
MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, THE STATED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, WRITTEN
OR ORAL, STATUTORY, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION THERETO, THE WARRANTY OF MERCHANTABILITY,
THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. DOGOODSOFTWARE DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL
BE FREE OF ERRORS. DOGOODSOFTWARE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE
OR FOR ANY REASON, OR FOR COMMERCIAL LOSSES OF ANY CAUSE, WHETHER OR NOT DOGOODSOFTWARE HAS RECEIVED NOTICE OF
THE POSSIBILITY OR CERTAINTY OF SUCH DAMAGES OR LOSSES. CONSEQUENTIAL DAMAGES INCLUDE ANY LOSS OF INFORMATION,
DAMAGE TO COMPUTER OR MONITOR, LOSS OF PROFITS, BUSINESS INTERRUPTIONS AND ANY OTHER MONETARY LOSS.
6. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DOGOODSOFTWARE
AND ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ITS DOCUMENTATION, EVEN IF DOGOODSOFTWARE OR ITS
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall DOGOODSOFTWARE's
total liability to Licensee for all damages, losses, and causes of action (whether in contract, tort, including
negligence, or otherwise) exceed the amount paid by Licensee for the Software and its documentation.
7. No Waiver or Assignment.
This License may not be assigned, sublicensed or otherwise transferred by the Licensee, by operation of law or
otherwise, without DOGOODSOFTWARE's prior written consent.
8. U.S. Government Restricted Rights:
The Software and its documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the
Government is subject to restriction as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software
- Restricted Rights at 48 CFR 52.227-19, as applicable.
9. Export Controls.
Licensee may not download or export the Software or its technology except in full compliance with all United States
regulations and laws. The Software or technology may not be downloaded or exported to a national or resident from
Cuba, Haiti, Iran, Iraq, Libya, North Korea, Syria, Yugoslavia, or any other country subject to a United States
embargo.
10. Termination.
This agreement may be terminated immediately by either party in the event of default by the other party. If this
Agreement is terminated, Licensee will immediately discontinue use of the Software and shall return all copies
of the Software and its documentation to DOGOODSOFTWARE within fourteen (14) days. Licensee may also terminate
this Agreement at any time by destroying all copies of the Software and its documentation. Licensee's obligations
to pay the agreed upon charges and fees will survive the termination of this Agreement. In ANY event of Termination,
there can be NO REFUND OF ANY PURCHASE AMOUNT ONCE THE SOFTWARE HAS BEEN REGISTERED AND THE UNLOCKING SOFTWARE
KEY HAS BEEN SUPPLIED TO THE LICENCEE.
11. General.
This Agreement represents the only statement of the terms relative to this license between the parties and supersedes
any previous agreements or representations. This Agreement may only be amended in writing, and must be executed
by both parties. DOGOODSOFTWARE IS NOT BOUND BY ANY PROVISION OF ANY PURCHASE ORDER, RECEIPT, ACCEPTANCE, CONFIRMATION,
CORRESPONDENCE, OR OTHERWISE UNLESS DOGOODSOFTWARE SPECIFICALLY AGREES TO THE PROVISION IN WRITING. If any section
of this Agreement is held to be unenforceable for any reason, the section shall be reformed only to the extent
necessary to make it enforceable. This Agreement shall be governed by United States and Arizona law.
Monday December 11th, 2000
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