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Legal Document Ė Retain for Your Records West Software License Agreement
Legal Document Ė Retain for Your Records
West Software License AgreementLicensor:
This is a legal document between you (the "User") and West. It is important that you read this document before using the West-provided Software (the "Software") and any accompanying documentation ("Documentation"). By typing "I AGREE" and clicking "CONTINUE" below, you agree to be bound by the terms of this Agreement. If you do not agree, you are not licensed to use the Software, and you must return any tangible copies of the Software in your possession or control to West.
This Software is distributed by West for use in connection with various West products and services ("West Services") and to allow you to access compatible data and is protected by copyright. You acknowledge and understand that this Agreement does not grant you any right of access to West Services or to compatible data. All access to and use of the West Services by means of the Software, including any charges for such access and use, will be governed by the terms of the applicable West user agreement ("West User Agreement").Software License
License Grant. West grants User a non-exclusive, non-transferable, limited license to use the Software at its licensed Site.
Copying. The License permits User to make that number of copies of the Software necessary for use at its licensed site. As to CD-ROM software (including, but not limited to PREMISE Research, KAware and Folio), a "site" means all CD-ROM software-compatible equipment having the same operating system at a single User location. As to all other West software, a "site" means all personal computers, servers or minicomputers (including networked systems) with the same operating system platform at a single location or at different locations which are connected by a single networked system (i.e., any combination of two or more terminals that are electronically linked and capable of sharing the use of a single software product). In addition, Userís personnel who work at or are assigned to the licensed site may use the Software on personal computers located off-site. Each copy made by User must include the copyright/proprietary rights notice(s) embedded in and affixed to the Software. All other copying is prohibited.
Other Restrictions. User may not loan, lease, distribute or transfer the Software or copies to third parties, nor reverse engineer or otherwise attempt to discern the source code of the Software. Further, User may not reproduce all or any portion of the Software (except as expressly permitted in this Agreement) or the Documentation. User agrees to notify its employees and agents who may have access to the Software of the restrictions contained in this Agreement and to ensure their compliance with these restrictions.
Title. Title to the Software is not transferred to User. Ownership of all copies of the Software and of copies made by User is vested in West and other software owners, subject to the rights of use granted to User in this Agreement.Limited Warranty
Limited Warranty. West warrants that the medium, if any, upon which the Software is provided by West to User will be free from defects in materials and workmanship under normal use for a period of 60 days from the date of Userís receipt of the Software.
DISCLAIMER. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SOFTWARE AND ANY DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USER BEARS ALL RISK RELATING TO QUALITY AND PERFORMANCE OF THE SOFTWARE.
The performance of the Software varies with various manufacturersí equipment with which it is used. West does not warrant the level of performance of the Software or that earlier versions superseded by new versions (whether or not distributed to User) will continue to be capable of access to and use with West Services. West does not warrant that the Software or the functions contained in the Software will meet Userís requirements, operate without interruption or be error free.Limitation of Liability. Userís exclusive remedy for breach by West of its limited warranty shall be replacement of any defective medium upon its return to West within the warranty period or, if West is unable to provide a replacement which is free of defect, a refund of the license fee paid by User with respect to such medium. In no event will West be liable for any lost profits or other damages, including direct, indirect, incidental, special, consequential or any other type of damages, arising out of this Agreement or the use of the Software licensed hereunder, even if West has been advised of the possibility of such damages.
Term and Termination. This Agreement and Userís subscription to the Software may be terminated (i) by User by giving West written notice of termination, (ii) by West, at its option, if User commits a material breach of this Agreement, or (iii) upon termination of the West User Agreement, if any. This Agreement must also terminate immediately upon Userís receipt of a new version of the Software. Upon any termination of this Agreement, User must cease all use of the Software, destroy all copies then in its possession or control and take such other actions as West may reasonably request to ensure that no copies of the Software remain in its possession or control.
Effect of Agreement. This Agreement together with any applicable West User Agreement embodies the entire understanding between the parties with respect to, and supersedes any prior understanding or agreement, oral or written, relating to, the Software.
Governing Law. This Agreement will be governed by and construed under the laws of the State of Minnesota, U.S.A.
General Provisions. Neither this Agreement nor any part or portion hereof may be assigned, sublicensed or otherwise transferred by User. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby. Failure of a party to enforce any provision of this Agreement does not constitute and should not be construed as a waiver of such provision or of the right to enforce such provision.
Export Laws. The Software, the Software technology and its related documentation may not be exported or reexported in violation of the U.S. Export Administration Act and its implementing regulations.
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