TOP SERVER END USER LICENSE AGREEMENT AND LIMITED WARRANTY
By opening this package or clicking the OK button, you indicate that you have read this agreement and accept its terms and conditions. This is a legal agreement between you (the end user) and Software Toolbox (Matthews, NC). If you do not agree to the terms of this Agreement, promptly return the disk package and accompanying items (including written materials) to the place where you obtained them for a full refund. The software accompanying this license agreement (the Software) is the property of Software Toolbox Inc., and is protected by United States and International Copyright laws and International treaty provisions. No ownership rights are granted by this Agreement or possession of the Software. Therefore, you must treat the Licensed Software like any other copyrighted material (e.g., a book or musical recording), except that you may make a single copy for backup or archival purposes.
For purposes of this Agreement, a “Computer” is defined as a single physical computer or a single instance of a virtual PC, virtual server, whether it be implemented using Microsoft Virtual PC, Virtual Server, Hypervisor, VMWare, or other virtual computing software applications that enable multiple isolated operating system instances to be run on a single hardware platform.
Your rights and obligations in its use are described as follows:
- You may use and display this Software on a single Computer on a supported platform as listed on and updated without notice as required on www.toolboxopc.com.
- You may make one copy of the Software for archival purposes or you may copy the software onto your hard disk and hold the original for archival purposes.
- You may not modify or attempt to reverse engineer the Software, or make any attempt to change or even examine the source code of the Software.
- You may transfer the Software to another Computer using the utilities provided. However, the Software must be used on only a single Computer at one time for each single license of the Software owned.
- You may not give or distribute copies of the Software or written materials associated with the Software to others.
- You may not sub-license, sell, or lease the Software to any person or business.
- If you plan to run the Software in multiple virtual computers or virtual servers a license is required for each instance of the virtual computer or server where the Software will be installed. If you also plan to install the Software in the host operating system of the computer where the virtual machines are running, a license will also be required for the host operating system.
- If you are running the Software in a demonstration, unlicensed mode, you may not automate the stopping and starting of the Software in demo mode or use any other method to attempt to circumvent the demonstration mode timeout period.
The original licensee of the Software can return it within thirty (30) days of purchase. Please call us for a Return Material Authorization Number. Returns after 30 days of purchase may require a restocking fee. Any extensions of this return period must be pre-approved by Software Toolbox technical support and documented in writing, where e-mail is considered to be in writing. No returns are accepted without a Return Material Authorization Number.
SOFTWARE TOOLBOX INC. DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR FREE, THAT IT WILL SATISFY YOUR PLANNED APPLICATIONS OR THAT ALL DEFECTS IN THE SOFTWARE CAN BE CORRECTED. IF SOFTWARE TOOLBOX INC. PROVIDES INFORMATION OR ASSISTANCE REGARDING THE USE OF THE SOFTWARE OR OTHERWISE, SOFTWARE TOOLBOX INC. IS NOT ASSUMING THE ROLE OF ENGINEERING CONSULTANT. SOFTWARE TOOLBOX INC. DISCLAIMS RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ARISING IN CONNECTION WITH ENGINEERING IN WHICH ITS SOFTWARE OR SUCH INFORMATION OR ASSISTANCE IS USED.
THE FOREGOING IS THE SOLE AND EXCLUSIVE WARRANTY OFFERED BY SOFTWARE TOOLBOX INC.
SOFTWARE TOOLBOX INC. DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE LICENSED SOFTWARE AND ALL ACCOMPANYING MATERIALS.
IN NO EVENT SHALL SOFTWARE TOOLBOX INC. BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFIT, LOST SAVINGS, LOST OPPORTUNITIES, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSED SOFTWARE, EVEN IF SOFTWARE TOOLBOX INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOFTWARE TOOLBOX INC.’S ENTIRE LIABILITY SHALL BE, AT SOFTWARE TOOLBOX INC.’S OPTION, EITHER (A) RETURN OF THE PRICE PAID FOR THE SOFTWARE (OR COMPONENT), OR (B) REPAIR OR REPLACEMENT OF THE SOFTWARE (OR COMPONENT) THAT DOES NOT MEET SOFTWARE TOOLBOX INC.’S LIMITED WARRANTY AND WHICH IS RETURNED TO SOFTWARE TOOLBOX INC. WITHIN THE WARRANTY PERIOD. THIS SHALL BE THE SOLE AND EXCLUSIVE OBLIGATION OF SOFTWARE TOOLBOX INC. AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY SUCH FAILURE. THE LIMITED WARRANTY IS VOID IF FAILURE OF THE SOFTWARE (OR COMPONENT) HAS RESULTED FROM ACCIDENT, ABUSE OR MISAPPLICATION.
Software Toolbox’s initial free warranty and support period is 90 days from the purchase date of the Software. Software Toolbox Inc. provides unlimited e-mail support for all Software whether a demo or registered license in the first 90 days after purchase. Software Toolbox Inc. will provide free phone support during the initial 90 days to the licensed and registered user provided the applicable license fees for use of the Software have been paid. Software Toolbox Inc. will provide e-mail and phone support beyond the initial 90 day warranty period as stipulated in the separate TOP Server Maintenance Agreement, and provided applicable maintenance or support fees have been paid to Software Toolbox. Such support beyond the initial 90 day warranty period would be provided subject to the terms of a separate support agreement. All corrections and maintenance releases will be made available through Software Toolbox Inc.’s Internet site. All major product releases of the Software are subject to upgrade fees. At no time will on-site support be provided without advance payment to Software Toolbox Inc. for a minimum of two days on-site engineering support services, plus all expenses.
You may receive the Software in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for the Computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the Software.
U.S. Government Restricted Rights.
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 DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software—Restricted Rights at 48 CFR 52.227-19, as applicable.
Severability Each section and subsection of this Agreement shall be considered severable, and if any provision of this Agreement shall be held illegal, invalid, or otherwise unenforceable under controlling law, the remaining provisions of this Agreement shall not be affected thereby but shall continue in effect.
Export Restrictions You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end- use and destination restrictions issued by U.S. and other governments. Prior to delivery of product, you may be required to provide to Software Toolbox the necessary documentation as required by the U.S. government and it’s agencies to certify the final end user destination of the Software. If such documentation is requested and you do not or are not able to provide it, the Software will not be delivered to you in any form, and any pre-paid funds for license fees will be refunded to you.
This Agreement is governed by the laws of the State of North Carolina, United States of America
Microsoft® and Microsoft Excel® are registered trademarks, Windows is a trademark of Microsoft Corporation. Software Toolbox is a registered trademark of Software Toolbox Inc. OPC is a registered trademark of the OPC Foundation.