License for Durkin Toolkit for ACT! by Durkin Computing

The software and documentation that accompanies this license (collectively the "Software") is the proprietary property of Durkin Computing or its licensors and is protected by copyright law. While Durkin Computing 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 the Licensor may furnish to you. Except as may be modified by an applicable Durkin Computing license certificate, license coupon, or license key (each 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:

1A. You may:
A. use that number of copies of the Software as have been licensed to you by Durkin Computing under a License. If the Software is part of a suite containing multiple Software titles, the number of copies you may use may not exceed the total aggregate number of copies so indicated in the License, as calculated by any combination of licensed Software titles. Your License shall constitute proof of your right to make such copies. If no License accompanies, precedes, or follows this license, you may make one copy of the Software you are authorized to use on a single machine.
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 consent from Durkin Computing, 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 in Section 8, below.

1B. You may not:
A. copy the printed documentation which 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 a previous version or copy of the Software after you have received a disk replacement set or an upgraded version. Upon upgrading the Software, all copies of the prior version must be destroyed;
D. use a later version of the Software than is provided herewith unless you have purchased corresponding maintenance and/or upgrade insurance or have otherwise separately acquired the right to use such later version;
E. use, if you received the software distributed on media containing multiple Durkin Computing products, any Durkin Computing software on the media for which you have not received a permission in a License;
F. use the Software in any manner not authorized by this license; nor
G. use the Software in any manner that contradicts any additional restrictions set forth in Section 8, below.

2. Updates:
You may obtain Updates for any period for which you have purchased upgrade insurance for the product, entered into a maintenance agreement that includes Updates, or otherwise separately acquired the right to obtain Updates. This license does not otherwise permit you to obtain and use Updates.

3. Limited Warranty:
Durkin Computing warrants that the media on which the Software is distributed will be free from defects for a period of sixty (60) 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 Durkin Computing will, at its option, replace any defective media returned to Durkin Computing within the warranty period or refund the money you paid for the Software. Durkin Computing 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.
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 NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.

4. Disclaimer of Damages:
SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

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 DURKIN COMPUTING 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 DURKIN COMPUTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO CASE SHALL DURKIN COMPUTER’S LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE. The disclaimers and limitations set forth above will apply regardless of whether you accept the Software.

5. U.S. Government Restricted Rights:
RESTRICTED RIGHTS LEGEND. All Durkin Computing products and documentation are commercial in nature. The software and software documentation are "Commercial Items", as that term is defined in 48 C.F.R. section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are defined in 48 C.F.R. section 252.227-7014(a)(5) and 48 C.F.R. section 252.227-7014(a)(1), and used in 48 C.F.R. section 12.212 and 48 C.F.R. section 227.7202, as applicable. Consistent with 48 C.F.R. section 12.212, 48 C.F.R. section 252.227-7015, 48 C.F.R. section 227.7202 through 227.7202-4, 48 C.F.R. section 52.227-14, and other relevant sections of the Code of Federal Regulations, as applicable, Durkin Computing's computer software and computer software documentation are licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in this license agreement.

6. Export Regulation:
Export, re-export of this Software is governed by the laws and regulations of the United States and import laws and regulations of certain other countries Export or re-export of Software to any entity on the Denied Parties List and other lists promulgated by various agencies of the United States Federal Government is strictly prohibited.

7. General:
This Agreement will be governed by the laws of the State of New Jersey, United States of America. This Agreement and any related License Module is the entire agreement between You and Durkin Computing 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. This Agreement may only be modified by a License Module which accompanies this license or by a written document which has been signed by both you and Durkin Computing. Should you have any questions concerning this Agreement, or if you desire to contact Durkin Computing for any reason, please write to: Durkin Computing Customer Service, 89 Florence Ave, Denville NJ 07834, U.S.A.,

8. Payment

Licensee shall pay the Total Fee in accordance with the terms of payment set forth by Licensor. Licensee shall pay all invoices rendered by Licensor within thirty (30) calendar days after the invoice date, or within a time frame agreed upon by Licensor. If Licensee fails to pay any amount due within thirty (30) days from the invoice date, Licensee shall be responsible to pay to Licensor late charges equal to the lesser of 1.5% per month or the highest interest rate allowable by applicable law, together with all expenses and collection costs, including reasonable attorneys' fees, incurred by Licensor in enforcing the Agreement. Licensee shall reimburse Licensor for any out-of-pocket expenses incurred in connection with duties performed by Licensor hereunder. Upon request, Licensor shall provide Licensee with reasonable documentation evidencing the out-of-pocket expenses incurrd by Licensor.

See also