FOOD-TRAK
System Concepts, Inc. License Agreement
IMPORTANT -- READ CAREFULLY
By reading this document and using the software, you will indicate your acceptance of the following System Concepts, Inc. License Agreement.
This is a legal agreement between you, the end user, and System Concepts, Inc. ("SCI"). By installing, copying, or otherwise using this software, you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install, copy, or use the software, but return it along with all previously received FOOD-TRAK documentation, diskettes, and other materials to SCI.
1. GRANT OF LICENSE: SCI grants you a limited, non-exclusive license to load one copy of the enclosed SCI software program ("the SOFTWARE") on a single computer. In the event you purchased additional software licenses for additional computers, you may load one copy of the SOFTWARE on one computer for each software license purchased.
2. COPYRIGHT: The SOFTWARE is owned by System Concepts, Inc. and is protected by United States copyright laws and international treaty provisions. You may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE.
3. OTHER RESTRICTIONS: You may not rent or lease the SOFTWARE but you may transfer the SOFTWARE and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement.
4. GOVERNMENT LICENSEE: If you are acquiring the SOFTWARE on behalf of any unit or agency of the United States Government, the following provisions apply:
The Government acknowledges SCI's representation that SOFTWARE and its documentation were developed at private expense and no part of them is in the public domain. The SOFTWARE 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 252.227-7013. Contractor/manufacturer is System Concepts, Inc./15900 North 78th Street/Scottsdale, AZ 85260.
5. LIMITED WARRANTY: SCI warrants that the SOFTWARE will perform substantially in accordance with the accompanying written materials provided by SCI for a period of 90 days from the date of receipt, and that the media on which the SOFTWARE is furnished will be free from defects in materials and workmanship under normal use. In order to make a claim under this warranty you must return the defective item with your receipt to SCI or an Authorized Reseller, postage prepaid, within ten days after the warranty period. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
6. CUSTOMER REMEDIES: SCI's entire liability and your sole remedy shall be, at SCI's option, either (a) repair or (b) replacement of the SOFTWARE or media that does not meet SCI's Limited Warranty. SCI will undertake to correct within a reasonable period of time any reported "SOFTWARE Error" (failure of the SOFTWARE to substantially perform the functions described in the documentation), correct errors in the documentation, and replace any magnetic media which proves defective in materials or workmanship on an exchange basis without charge. THESE REMEDIES ARE NOT AVAILABLE OUTSIDE THE UNITED STATES OF AMERICA.
7. NO OTHER WARRANTIES: SCI disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the SOFTWARE, the accompanying written materials, and any accompanying magnetic media.
8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES: In no event shall SCI or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this SCI Product, even if SCI has been advised of the possibility of such damages.
9. GOVERNING LAWS: This Agreement is governed by the laws of the State of Arizona.