Stat/Transfer End User License Agreement
IMPORTANT – READ CAREFULLY BEFORE INSTALLING THE STAT/TRANSFER SOFTWARE. By clicking the
“Next” button, opening the sealed packet(s) containing the software, or using any portion of the software, you accept all of the
following Circle Systems License Agreement.
THIS IS A LEGAL AGREEMENT BETWEEN CIRCLE SYSTEMS, INC. AND YOU, THE END USER. CAREFULLY READ THIS AGREEMENT BEFORE OPENING, INSTALLING, OR USING THE STAT/TRANSFER SOFTWARE (the “software”). CIRCLE SYSTEMS WILL NOT ACCEPT ANY PURCHASE ORDER OR SELL YOU A LICENSE TO INSTALL AND USE THE SOFTWARE UNLESS YOU AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT OPEN THE DISK PACKAGE, OR INSTALL OR USE THE SOFTWARE ON YOUR COMPUTER; REMOVE ALL COPIES FROM YOUR COMPUTER AND RETURN THE SOFTWARE AND ANY ACCOMPANYING MATERIALS WITHIN 30 DAYS OF PURCHASE, WITH PROOF OF PURCHASE, FOR A FULL REFUND OF THE AMOUNT YOU ORIGINALLY PAID FOR THE SOFTWARE.
Circle Systems grants you the right to load and use one copy of the software on a single computer (your “Dedicated Computer”). You may transfer the software to another single Dedicated Computer provided you remove all copies of the software from the first computer when you install it on the other computer. If one individual uses the Dedicated Computer more than 80% of the time that it is in use, then that individual may also load and use the software on that individual’s portable or home computer. You may also make a copy of the software for backup or archival purposes. If you receive a copy of the software electronically and on disk, you may use the disk copy for archival purposes only.
Copyright and other intellectual property laws and international treaty protect this software. Copyright law prohibits you from making any other copy of the software and user manual without the permission of Circle Systems. You may not alter, modify, or adapt the software or user manual, or create any derivative works based on them. Circle Systems distributes the software in computer executable form only, and does not allow user access to the underlying source code and data. You may not reverse engineer, decompile, or disassemble the software to gain access to such code and data, except to the extent applicable law expressly permits such activity. Decompiling or disassembling the software may also violate the software’s copyright.
You may not sublicense, sell, rent, lend, lease, sublicense, or give away the software to others. You may, however, with the prior written permission of Circle Systems, transfer the software, written materials, and this license agreement as a package if the other party registers with Circle Systems and agrees to accept this agreement. You may not transfer a license originally sold in a volume or network license unless you transfer all the licenses at the site. You may not retain any copies of the software yourself once you have transferred it.
Any unauthorized copying, distribution, or modification of the software will automatically cancel your license to use the software and violate the software’s copyright.
LIMITED WARRANTY AND REMEDIES
Circle Systems warrants that the software will perform in substantial compliance with the specifications set forth in the user manual provided with the software, provided that it is not modified and it is used on the computer hardware and with the operating system for which it was designed. Circle Systems also warrants that any disk media and printed user manuals it provides are free from defects in materials and workmanship under normal use. These warranties are limited to the 30-day period from your original purchase. If you report in writing within 30 days of purchase a substantial defect in the software’s performance, Circle Systems will attempt to correct it or, at its option, authorize a refund of the amount you originally paid for the software. If you return faulty media or a printed user manual during this period, along with a dated proof of purchase, Circle Systems will replace it free of charge. You must insure items being returned, since Circle Systems does not accept the risk of loss or damage in transit.
THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN PLACE OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. CIRCLE SYSTEMS DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY AND REMEDIES, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM TO THE EXTENT TO WHICH IT CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, CIRCLE SYSTEMS MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, MEDIA, OR USER MANUAL, INCLUDING THEIR MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. CIRCLE SYSTEMS WILL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR MANUAL, EVEN IF CIRCLE SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Because software is inherently complex and may not be completely free of errors, Circle Systems is not responsible for any costs including, but not limited to, lost profits or revenue, loss of time or use of the software, loss of data, the cost of recovering software or data, the cost of substitute software, claims by third parties, or similar costs. In no event will the liability of Circle Systems exceed the amount paid for the software.
NOTICE TO U.S. GOVERNMENT END USERS
The software and manual are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. Circle Systems, Inc., 1001 Fourth Avenue, Suite 3200, Seattle, WA 98154 USA.
This is the complete and exclusive statement of the agreement between you and Circle Systems. It supersedes any prior agreement or understanding, oral or written, between you and Circle Systems, its agents and employees, with respect to this subject. No Circle Systems distributor, dealer, or agent is authorized to make any modification, extension, or addition to this Agreement and the limited warranty and limitation of liability. The laws of the State of Washington, USA govern this agreement.