DataTrack System 3.5 3.5.9908.1

EULA - End User License Agreement

1. INTRODUCTION AND ACCEPTANCE. This End User License Agreement (“EULA”) is a legal agreement between you (an individual or an organization) and Magnoware Systems Incorporated (“Magnoware”) regarding use of software application entitled Magnoware DataTrack System, Magnoware DataTrack Desktop Client 3.5, Magnoware DataTrack Server 3.5, or Magnoware DataTrack Web Client 3.5, including documentation, future patches, updates or upgrades (“Software”).

BEFORE CONTINUING WITH THE INSTALLATION OF THE SOFTWARE, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS EULA. BY CONTINUING WITH THE INSTALLATION OF THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BY THIS EULA. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH BY THIS EULA, PLEASE CANCEL THE INSTALLATION IMMEDIATELY, AND DESTROY ANY COPIES YOU POSSESS.

2. GRANT OF LICENSE. Magnoware grants you the following rights providing that you comply with the terms and conditions set forth by this EULA.

2.1 Installation and Use. You may install and use a copy of the Software on one computer.
2.2 Documentation Licensing. Any documentation which accompanies this Software, including online documentation, is licensed for internal, non-commercial purposes solely.

3. MANDATORY PRODUCT REGISTRATION. In this Software, there are technological measures designed to thwart unauthorized, unlicensed use of the Software. An evaluation period of 14 days is offered, after which you must either discard or register your copy of the Software.

4. RESERVATION OF RIGHTS AND OWNERSHIP. Magnoware reserves all rights not expressly granted to you in this EULA. The Software is licensed, not sold, and may not be rented, leased, or loaned. The Software is protected by copyright and other intellectual property laws and treaties.

5. LIMITATIONS ON REVERSE ENGINEERING. You may not in any way reverse engineer, disassemble, or decompile the Software, unless doing so is expressly permitted by applicable law.

6. UPGRADES. Software upgrades at discounted prices may only be purchased if the Software being upgraded is licensed and identified as eligible for upgrade.

7. SOFTWARE TRANSFER. As a licensed user of the Software, you may transfer your copy to a different computer. Once such a transfer has been completed, you must uninstall/remove the Software from the original computer.

8. TERMINATION. Without prejudice to any other rights, Magnoware may terminate this EULA if you fail to comply with the terms and conditions set forth by this EULA.

9. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE UNITED STATES. Magnoware guarantees that the Software will function substantially for a period of thirty (30) days from the date of purchase. Any use of the Software after this period is at your own risk. After this period, to the maximum extent permitted by applicable law, Magnoware disclaims all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and noninfringement.

10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Magnoware be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other financial loss) arising out of the use of or inability to use the Software, even if Magnoware has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.