End User License Agreement IMPORTANT-READ CAREFULLY: This ABC Enterprise Systems End-User License Agreement ("EULA") is a legally-binding agreement with * If you acquired or downloaded this product in the United States: ABC Enterprise Systems Inc. ("ABC") * If you acquired or downloaded this product in the United Kingdom: ABC EnterpriseSystems Ltd. ("ABC") for the use of ABC LanLicenser ("SOFTWARE PRODUCT"). This includes computer software and may include associated media, printed materials, and "online" or electronic documentation. 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 on behalf of your company, or are not authorized to do so, ABC are unwilling to license the SOFTWARE PRODUCT to you. In such event you may not install, use or copy the SOFTWARE PRODUCT. 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. GRANT OF LICENSE This EULA grants you the right to install and use the SOFTWARE PRODUCT on the number of workstation computers for which you have purchased licenses. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS * 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. * Support Services. ABC may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). * Supplemental Software. 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 ABC as part of the Support Services, ABC may use such information for its business purposes, including future product support and development. * Termination. Without prejudice to any other rights, ABC 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 documentation. COPYRIGHT All title and copyrights and all other intellectual property rights 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 ABC or its suppliers. MISCELLANEOUS If you acquired this product in the United States, this EULA is governed by the laws of the State of Massachusetts. If you acquired this product in the United Kingdom, this EULA is governed by English law. If this product was acquired elsewhere, then local law may apply. Should you have any questions concerning this EULA, or if you desire to contact ABC for any reason, please contact the ABC subsidiary serving your country, or write: ABC Enterprise Systems, Albrighton Business Park, Newport Road, Albrighton, Wolverhampton, WV7 3ET, United Kingdom. Warranty. ABC warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. Any implied warranties on the SOFTWARE PRODUCT are limited to ninety (90) days. Liability. ABC's and its suppliers' entire liability and your exclusive remedy shall be, at ABC's option, either (a) return of the price paid, or (b) repair or replacement of the S0FTWARE that does not meet this Limited Warranty and which is returned to ABC with a copy of your receipt. This Limited Warranty is void if failure of the SOFIWARE 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. To the maximum extent permitted by applicable law: * ABC expressly disclaims any other warranty for the SOFTWARE PRODUCT. * The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non infringement. * The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you. NO LIABILITY FOR DAMAGES. To the maximum extent permitted by applicable law, in no event shall ABC or it's suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT , even if ABC has been advised of the possibility of such damages. In any case, ABC's and its suppliers' entire liability under any provision of this EULA shall be limited to the amount actually paid by you for the SOFTWARE PRODUCT. U.S. Government Licenses. Consistent with FAR 12.211 and 12.212, Commercial Computer Software, Computer Software Documentation, and Technical Data for Commercial Items are licensed to the U.S. Government under ABC'S standard commercial license.
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