END-USER LICENSE AGREEMENT FOR LabStats.
IMPORTANT-READ CAREFULLY: This LabStats End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Computer Lab Solutions LLC for the LabStats software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT..
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
- LabStats Server Software. You may install and use one copy of the SOFTWARE PRODUCT, or any prior version on a single server and only one single install on the server. If you have specifically purchased license for multiple servers, you may install and run it on that number of servers.
- You may run the LabStats Client Software from each licensed server install on as many machines and operating systems as you desire.
- You may move the LabStats server installation from one server to another, provided that after the move, you run the server software on only one computer, unless you have purchased server licenses for both servers.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- Not for Resale Software. If the SOFTWARE PRODUCT is labeled "Not for Resale" or "NFR," then, notwithstanding other sections of this EULA, you may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT.
- Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one server except for the use of the LabStats client, as stated above.
- Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT unless permission is expressly granted in writing by Computer Lab Solutions LLC.
- Support Services. Computer Lab Solutions LLC may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Computer Lab Solutions LLC policies and programs described in the user manual, in "online" documentation, and/or in other Computer Lab Solutions materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Computer Lab Solutions LLC as part of the Support Services, Computer Lab Solutions LLC may use such information for its business purposes, including for product support and development.
- Termination. Without prejudice to any other rights, Computer Lab Solutions LLC may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Computer Lab Solutions LLC as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWAREPRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one server.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Computer Lab Solutions LLC or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single server. You may not use or install the other medium on another server. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
6. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions 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. Manufacturer is Computer Lab Solutions LLC.
MISCELLANEOUS
If you acquired this product in the United States, this EULA is governed by the laws of the State of Utah.
If you acquired this product in Canada, this EULA is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario.
If this product was acquired outside the United States, then local law may apply.
Should you have any questions concerning this EULA, or if you desire to contact Computer Lab Solutions LLC for any reason, please contact: support@computerlabsolutions.com
LIMITED WARRANTY
LIMITED WARRANTY. Computer Lab Solutions LLC warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of receipt, and (b) any Support Services provided by Computer Lab Solutions LLC shall be substantially as described in applicable written materials provided to you by Computer Lab Solutions LLC , and Computer Lab Solutions LLC support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to thirty (30) days.
CUSTOMER REMEDIES. Computer Lab Solutions LLC and its suppliers' entire liability and your exclusive remedy shall be, at Computer Lab Solutions LLC���s option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Computer Lab Solutions Limited Warranty and which is returned to Computer Lab Solutions LLC with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Computer Lab Solutions LLC are available without proof of purchase from an authorized international source.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPUTER LAB SOLUTIONS LLC AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFICLEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPUTER LAB SOLUTIONS LLC OR ITS SUPPLIERS 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 PECUNIARYLOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OFOR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF COMPUTER LAB SOLUTIONS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, COMPUTER LAB SOLUTIONS LLC���S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THESOFTWARE PRODUCT OR U.S.$5.00. PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A COMPUTER LAB SOLUTIONS LLC SUPPORT SERVICES AGREEMENT, COMPUTER LAB SOLUTIONS LLC���S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DONOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNITY. Computer Lab Solutions LLC shall indemnify, defend, and hold You and your authorized users harmless for any and all losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorneys��� fees, arising from any third party claim of an alleged infringement of copyright or any other proprietary right that arises from the use of the SOFTWARE PRODUCT by You or your authorized users. No limitation of liability set forth above is applicable to this indemnification.
USE OF THIS PRODUCT FOR ANY PERIOD OF TIME CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENTAND SUBJECTS YOU TO ITS CONTENTS.
Copyright and Trademark Acknowledgements
The LabStats software, the contents of this file, and the Computer Lab Solutions logo are trademarks of Computer Lab Solutions LLC. Windows, Windows 95 Windows NT, and Windows 2000, Microsoft Exchange are trademarks of Microsoft Corporation. Novell, and Netware are trademarks of Novell Corporation. All other trademarks are property of the irrespective owners. This documentation and the LabStats software is copyright �� 2004-2005 Computer Lab Solutions LLC. All worldwide rights reserved.
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