FEDATT Software License Agreement
Single User License
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (”LICENSE”) CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, VERIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS LICENSE BY CLICKING THE “AGREE/ACCEPT” BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE AND CLICK “DISAGREE/DECLINE”. THESE TERMS APPLY TO THE DEMO AND FULL VERSIONS OF FEDATT.
IMPORTANT NOTE: To the extent this software may be used to reproduce materials, it is licensed to you only for reproduction of materials you are authorized or legally permitted to reproduce.
1. General. The software FEDATT (and the TPS files included with it), documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form are licensed, to you by FEDATT (”FEDATT”) for use only under the terms of this License, and FEDATT reserves all rights not expressly granted to you. The rights given herein are limited to FEDATT’s and its licensors’ intellectual property rights in the FEDATT Software and do not include any other patents or intellectual property rights. You own the media on which the FEDATT Software is recorded but FEDATT and/or FEDATT’s licensor(s) retain ownership of the FEDATT Software itself. The terms of this License will govern any software upgrades provided by FEDATT that replace and/or supplement the original FEDATT Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Permitted License Uses and Restrictions.
A. This License allows you to install and use one copy of the FEDATT Software on a single computer at a time. This License does not allow the FEDATT Software to exist on more than one computer at a time, and you may not make the FEDATT Software available over a network where it could be used by multiple computers at the same time, unless this network is accessed by your own staff. You may make one copy of the FEDATT Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
B. Certain updates of the FEDATT Software have been or may be made available by FEDATT on its web site (http://www.fedatt.com). You may modify or replace your existent software only by these updates; provided that: (i) the resultant FEDATT Software is used, in place of the unmodified FEDATT Software, on a single computer; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the FEDATT updates. FEDATT is not obligated to provide any maintenance, technical or other support for the resultant FEDATT Software.
C. Except as and only to the extent permitted in this License and by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the FEDATT Software or any part thereof.
3. Transfer. You may not rent, lease, lend, redistribute or sublicense the FEDATT Software. You may, however, make a one-time permanent transfer of all of your license rights to the FEDATT Software (in its original form as provided by FEDATT) to another party, provided that: (a) the transfer must include all of the FEDATT Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the FEDATT Software, full or partial, including copies contained on a computer or other storage device; and (c) the party receiving the FEDATT Software reads and agrees to accept the terms and conditions of this License. You may not rent, lease, lend, redistribute, sublicense or transfer any FEDATT Software that has been modified or replaced under Section 2B above.
4. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from FEDATT if you fail to comply with any term(s) of this License. Upon the termination of this License, you are to cease all use of the FEDATT Software and destroy all copies, full or partial, of the FEDATT Software.
5. Limited Warranty on Media (If applicable). FEDATT warrants the media on which the FEDATT Software is recorded and delivered by FEDATT to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at FEDATT’s option, a refund of the purchase price of the product containing the FEDATT Software or replacement of the FEDATT Software which is returned to FEDATT or an FEDATT authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION, PACKAGING OR OTHERWISE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
6. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE FEDATT SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FEDATT SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FEDATT AND FEDATT’S LICENSORS (COLLECTIVELY REFERRED TO AS “FEDATT” FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE FEDATT SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FEDATT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE FEDATT SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE FEDATT SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE FEDATT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE FEDATT SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FEDATT OR AN FEDATT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE FEDATT SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL FEDATT BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE FEDATT SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF FEDATT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall FEDATT’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of forty nine dollars and ninety nine cents ($49.99). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. Government End Users. The FEDATT Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software”, 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 are being licensed to U.S. Government end users (a) only as Commercial Items and (b) 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.
9. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
10. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the FEDATT Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by FEDATT. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
11. Demo Version Download Agreement. This License constitutes the entire agreement between the parties with respect to the use of the FEDATT Software you are purchasing. This software purchase is only after trying out the demo version, available at the website at no cost. You agree the demo version offered by FEDATT website was found to fit your billing requirements.