End User License Agreement - March 3, 2014

REVISED - March 3, 2014

BY INSTALLING THE SOFTWARE , YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT between you, the end user of the software, and the licensor, ForesTech Consulting, Inc., DBA F4 Tech, located at 3059 Highland Oaks Terrace, Tallahassee, Florida, 32301.   IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD IMMEDIATELY UNINSTALL THE SOFTWARE AND CONTACT THE AUTHORIZED DEALER FOR A FULL REFUND OF THE PRICE YOU PAID.

 

1. Subject matter of license

The subject matter of the license consists of the software, i.e. the computer program in machine-readable form (including specifications, documentation and any accessories) which is referred to in the package.

 

2. Granting of license, license agreement

By installing the software package, the licensee has accepted the terms of the license, whereupon an agreement has been entered into under which the licensee acquires a non-exclusive right to use the software on the terms set forth in this agreement.

 

3. License fee

The validity of the license is conditional upon payment in full by the licensee of a license fee for the software, on terms established at any time by the authorized dealer.

 

4. Scope of license

 

4.1.2

Individual copies of the software may be made solely for backup or filing purposes. Copies of the software made in this way are covered by the provisions of this agreement.

 

4.2

The licensee may not (nor allow anyone else to) use, copy or otherwise transfer or use the software, wholly or partly, otherwise than as specified in this license agreement. The software provided to the end-user  is guarded against disassembly and is governed by law. Labeling or details of an existing patent, copyright or copyright labeling in a program or on a medium on which the software product is made available to the licensee shall be preserved by the licensee and may not be modified.

 

4.3

The licensee may not sub-license, rent out or lend the software or otherwise permit anyone other than the licensee either directly or indirectly, for payment or otherwise, to make use of or otherwise dispose of the software, except as prescribed in 4.3.1. The making of copies of the software for private use is therefore prohibited.   Unauthorized and/or unlicensed use of the software will result in prosecution and damages will be sought.

 

4.3.1  
The licensee may permanently and completely transfer all his rights under this license agreement, subject to the following conditions: 

  • That the licensee is registered as such with the licensor, e.g. as a result of having returned a registration card or obtained a software registration. 

  • That the licensee transfers the whole of the software (including all its components, media, printed  materials and this license agreement) 

  • That the licensee informs the new licensee of the terms of the agreement and the latter accepts these in writing - that the licensee informs the licensor of the name and address of the new licensee. Insofar as the clauses just specified are complied with, the licensor and the new licensee enter into a new license agreement. If the Software is transferred in this way, it must be removed from the hard disk by the previouslicensee, who may not retain any copies of the software for his own use.  The licensor retains all rights to audit the removal of the software license

 

5. Licensor's right to the software

This license does not entail the transfer to the licensee of the licensor's rights in the form of, among other things, copyright or, where appropriate, patent rights to the software. Nor does it entail the transfer to the licensee of the licensor's right to the software or the medium on which the software is made available to the licensee. The license does not include a special patent license, and the licensee may not, therefore, make use of the actual patent. 

 

6. Delivery

The software is supplied on the medium specified in the software package. The licensor is not responsible for installation of the software, unless otherwise agreed in writing.

Any assistance provided by the licensor with installation or in relation to the software product is to be paid for in accordance with a price list current at the time of installation.

 

7. Liability and warranty

 

7.1 The licensee's duty to investigate and right of cancellation

It is the duty of the licensee, on receipt of the software, to check its functions and quality. If the licensee finds that the software does not meet the specified functions listed by the licensor in the attached license agreement or in manuals or other documentation which forms part of the software according to clause 1, the licensee will be entitled to cancel the license agreement subject to written notice of cancellation reaching the licensor not later than ten (10) days after the date of delivery. In the event of cancellation, any license fee and any installation charge will be promptly refunded by the authorized dealer. The licensee is only entitled to a refund in the amount for which was paid to the authorized dealer and not entitled to interest on the amounts involved or for any other financial claims

7.2 Warranty

 

7.2.1 Terms
Providing that the licensee has not made use of the right of cancellation according to 7.1. and

  • has used the software in the prescribed operating environment and in accordance with instructions in the manual and specifically stated instructions, and/or

  • has used the software on the hardware and under the operating system (s) specified in the attached license agreement or in the product specifications in the documentation, the licensor warrants that the software product conforms to the specifications during the warranty period of twelve months from the date of delivery. The licensor does not warrant that the Software is entirely free of programming errors. The licensee accepts that such absence of programming errors cannot be achieved under the state of art.

 

7.2.2 Claims
In order to be valid, claims must be made in writing. The licensor's undertaking requires the licensee at his or her own expense to forward the material required to enable the deviation as notified by the licensee to be reproduced by the licensor.

 

7.2.3 Right to remedy faults etc.
The licensor will remedy deviations from program specifications for the software, providing that the deviations materially affect the use of the software. The licensor may choose to replace the licensee's copy with a new copy. The licensor is not liable for return postage nor for installation costs. If such a deviation is not remedied within a reasonable time (which shall not exceed three months after a written claim), the licensee may, not later than the warranty period, return the software to the licensor, together with a declaration that the licensee no longer, either directly or indirectly, wholly or partly in any form, has in his or her possession or has access to the software. The licensor will repay the license fee without interest.

 

7.2.4 Limitation of liability
Apart from what is stated in 7.2.1 - 7.2.3, the licensor is not responsible or liable for the function or quality of the software. The rights of the licensee arising from defects have been fully and exclusively covered by this agreement.

The licensor is thus not obliged under any circumstances whatsoever to pay the licensee any compensation arising from defects in the software. The licensor is, in general, not liable for loss or damage, whether direct or indirect, suffered by the licensee, whether the loss or damage consists of loss of income or additional costs, e.g. lost or corrupted data, liability for damages to a third party etc.

 

8. Confidentiality

The software contains business and professional secrets belonging to the licensor and has been made available to third parties only by virtue of the license agreement. It is the duty of the licensee not to make the software available to third parties without the written permission of the licensor and to take all reasonable steps to prevent third parties from gaining access to the business and professional secrets contained in the software. The licensee is responsible for instructing relevant personnel of this and has an obligation to observe the rules governing the use of the software, as set out in clause 4.

The obligation of the licensee to observe confidentiality shall survive the right of use under this agreement, irrespective of the form of termination or notice thereof, or as a result of transfer. The duty of confidentiality applies in such cases for a period of five years. In the case of statuary copies which the licensee is obliged by law to file, the duty of confidentiality applies for as long as the licensee retains possession of the statuary copy. It is the obligation of the licensee during the license period to store the software in a secure manner, thereby preventing its distribution.

 

9. Damages, etc.

If the licensee is in breach of any term of this agreement that is of material importance for the licensor, the licensee shall make good the licensor's loss, regardless of whether or not the licensor decides to rescind the agreement. If the breach of the agreement results in an unauthorized person gaining access to information about the whole or parts of the software and this affects the licensor's scope for marketing and granting licenses for copies of part of the software, the loss shall in each individual case be considered to amount to at least five base amounts, unless the loss is shown to exceed this. If the breach of the agreement by the licensee consists in the licensee making unauthorized copies or parts thereof, this entails an obligation not only to pay a license fee for the unauthorized copies, but also to provide compensation for the damage suffered by the licensor over and above this.  If possible, the copies shall be returned to the licensor.

 

10. Validity/notice of termination of the license

 

10.1 License period

The license is valid, once the license fee has been paid, for fifteen years and notice of termination may not be given by the licensor. The license automatically becomes void when the Software is no longer in the possession of the licensee.  The license can also become void 60 days after an update is released by the licensor, regardless if the update is paid or unpaid.

 

10.2 Extension

The license becomes void on expiry of the license period unless the licensee seeks an extension of this period. The terms of extension are to be agreed between the licensee and the licensor. 

 

10.3 Licensee's right of termination

The licensor may at any time during the period of the license give notice of termination of the license, in which event the licensee will not be entitled to a refund of any part of the license fee paid.

 

10.4 Return of the Software

In the event of termination of this agreement, regardless of what form termination takes, the licensee has a duty to immediately return the software and the medium on which it was made available for the licensee. The licensee shall also, when returning the software, certify in writing that he or she either directly or indirectly and either wholly or in part is not in possession of the software or a copy thereof, regardless of what form the copy takes, excluding statuary copies which must by law be filed by the licensee.

 

11. Dispute

Any dispute regarding the interpretation and/or application of this agreement shall on each occasion by settled by a  court of law in Leon County, Florida.