Adminsoft Accounts

ADMINSOFT ACCOUNTS - PRODUCT LICENSE INFORMATION

NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. USER`S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.

DEFINITIONS.

"Software" means the Adminsoft Accounts program, including any data, text, and images that are part of or used by the program.

"Licensor" means Adminsoft Ltd. who grants the Software license.

"Licencsee" means you, whether an individual, organization, company, or some other entity, to whom Licensor grants the License, and who is responsible for complying with the contractual obligations of the License, and ensuring that anyone permitted access to the Software also complies with such obligations.

"Distributor" means a company authorized by the Licensor to sell the Software, from whom you purchased the Software on disk.

ACCEPTANCE AND RFUNDS

Software received on disk: If the Licensee does not accept the terms and conditions of this license, or if the Licensee terminates this License, for any reason, within thirty (30) days of Software delivery, then the Licensee shall immediately delete the Software and return any disks and other materials received to the distributor from whom the Software was acquired. If returned within 30 days of delivery, the Licensee shall receive a full refund. By retaining the Software beyond the 30 day period, the Licensee accepts the applicable rights, and agrees to be bound by the applicable obligations and restrictions of this agreement.

Software downloaded: The Licensee must carefully read this agreement before purchasing and using the software. Use of the software indicates the Licensee accepts the applicable rights, and agrees to be bound by the applicable obligations and restrictions of this agreement. No refunds can be issued.

LICENSE GRANT.

The Licensor hereby grants to the Licensee, subject to the terms of this agreement, a nonexclusive license to install and use the Software solely on one computer system controlled by the Licensee. If the Licensee has purchased a multi-user version of the Software, the Software may be installed on one local area network file server, and accessed by local workstations, maximum number of concurrent accesses permitted will be dependant on the version of the Software purchased.

LICENSE RESTRICTIONS.

The License is subject to the express restrictions set forth below. The Licensee shall not, and shall not permit any third party to:

1) modify, or create any derivative work of, any part of the licensed Software;
2) rent, lease, or loan the Software;
3) disassemble, de-compile, or reverse engineer the Software;
4) sell, license, sublicense, publish, distribute, disseminate, assign, or otherwise transfer (whether by sale, exchange, lease, gift, or otherwise) to a third party the Software, or any copy or portion thereof, or any license or other rights thereto, in whole or I part, without the prior written permission of the Licensor;
5) alter, remove, or obscure any copyright, trade secret, patent, trademark, logo, proprietary and /or other legal notices on or in copies of the Software;
6) provide access (directly or indirectly) to the Software via the Web or Internet, or any wide area file sharing method or system, without the prior written permission of the Licensor;
7) copy, make available for copy, or otherwise reproduce the Software, in whole or in part, except for back-up purposes provided that any such permitted copies shall reproduce all copyright, trade secret, patent, logo, proprietary and/or other legal notices contained in the original copy of the Software;
8) access or use sections of the Software that the Licensee is not currently licensed to access or use;
9) disclose the Software Registration Key and/or license file to a third party or allow them to be used except for installation and use of the Software as provided herein.

RETENTION OF RIGHT, TITLE AND INTEREST BY THE SOFTWARE DEVELOPER AND ITS LICENSORS.

The Software shall at all times remain the property of the software developer and/or the Licensor, and the Licensee shall have no right, title, or interest therein, except as expressly set forth in this agreement. Licensee shall take appropriate action by instruction, agreement, or otherwise with any persons permitted access to the Software, so as to enable the Licensee to satisfy its obligations under the terms of this agreement.

SOFTWARE MAINTENANCE AND SUPPORT

During any applicable Software maintenance and support term, the Licensor shall provide a Software maintenance and support service which consists of: making available for download subsequent releases of the Software, providing an on-line support forum, providing on-line a list of known issues and software bugs, fixing bugs and other issues within a reasonable period of time. The Licensor reserves the option to discontinue, in whole or in part, and at any time, offering Software maintenance and support for the Software.

TERMINATION

The Licensor may terminate this agreement and all licenses granted hereunder by written notice to the Licensee if the Licensee breaches any material term of this license, including failure to pay any license fees or Software maintenance and support fees due. The Licensee may terminate this license at any time, for any reason. The Licensee shall not be entitled to any refund if this license is terminated. Upon termination, the Licensee shall promptly delete any copies of the Software and provide written confirmation that all copies of the Software have been deleted, and promptly return any disks and other materials that may have been supplied by the Distributor.

TAXES, DUTIES, CUSTOMS

The Licensee shall be liable for all applicable sales, use, excise, value-added, and any other taxes, duties, levies, assessments, and other Governmental charges that may be payable in connection with the purchase and use of the Software and any Software maintenance and support contract.

ASSIGNMENT

The Licensee may not assign or otherwise transfer this agreement and its rights and obligations hereunder, in whole or in part, by operation of law or otherwise, without the written consent of the Licensor. In the case of any permitted assignment or transfer of or under this agreement, this agreement or the relevant provisions shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and assigns of the parties hereto. The Licensor may charge the Licensee for any permitted assignment.

LIMITATION OF LIABILITY

The Software is provided "AS IS" without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall the Licensor or the Distributor or the Software developer be liable for any damages or other liability, whether in contract, tort, or otherwise, arising from, out of or in connection with the Software or use or other dealing in the Software, even if the Licensor or the Distributor or the Software developer has been advised of the possibility of such damages or claims. The Licensee bears all risk as to the quality, performance, and suitability of the Software.

Some jurisdictions do not allow limitation or exclusion of incidental or consequential damages, so the above limitations or exclusions may not apply to some Licensees to the extent that liability is by law incapable of exclusion or restriction.

In no event shall any theory of liability exceed the license fee paid by the Licensee for use of the Software.

COMPLIANCE AND AUDIT RIGHTS

The Licensee agrees to notify the Licensor promptly upon discovery of any failure to comply with one or more licenses granted under this agreement, or any failure to comply with any other material term of this agreement. To confirm the Licensee’s compliance with the terms and conditions of this agreement, the Licensee agrees to allow the Licensor or representatives for the Licensor access to the Licensee’s facilities and computers systems, and cooperation from the Licensee’s employees and consultants, as reasonably requested by the Licensor or its representatives in order to perform such audit, all during normal business hours, and after reasonable prior notice from the Licensor. If an audit discloses that the Licensee has failed to comply with one or more licenses, and such failure to comply could have in part or in whole been avoided by the Licensee having paid additional license fees to expand the scope of the license, then the Licensee shall promptly pay the Licensor or its representatives at the current rate plus 20% and also reimburse the Licensor or its representatives all costs associated with carrying out the audit.


ENTIRE AGREEMENT

This agreement contains the entire understanding of the parties and may not be modified or amended except by written instrument, executed by authorized representatives of the Licensor and Licensee. In the event of any conflict (whether executed before of after the agreement), this agreement shall prevail.

In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.