TrialWorks License Agreement!
SOFTWARE LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE OPENING THIS PACKAGE AND USING THE ENCLOSED TRIALWORKS SOFTWARE, BY TRIALWORKS LLC. BY OPENING THIS PACKAGE OR USING THIS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS WITH REGARD TO THE TRIALWORKS SOFTWARE (“SOFTWARE”) ENCLOSED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD PROMPTLY RETURN THE PACKAGE UNOPENED.
In return for acquiring a license to use the Software and related documentation, you agree to the following terms and conditions:
1. License: This Agreement grants you, the Licensee, a license to (a) use the Software on a single computer system, or, in the case of a multi-user or networked system which permits access to the Software by more than one user at the same time, at a single working location and additional licenses must be purchased for each network user; (b) make one copy of the Software in machine readable form solely for back-up purposes provided you include TrialWorks LLC copyright notice and any proprietary legends.
2. Restrictions: You may not distribute copies of the Software to others or electronically transfer the Software from one computer to another over a network. You may not use the Software from multiple locations of a multi-user or networked system at any time. The Software contains trade secrets and in order to protect them you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
3. Ownership: As Licensee, you own the media upon which the Software is recorded or fixed, but TrialWorks LLC retains title and ownership of the Software recorded on the original media and all subsequent copies of the Software regardless of the form or media in which or on which the original and other copies may exist. This License is not a sale of the Software or any copy.
4. Term: This License is effective until January 1, 2043, unless terminated earlier. You may terminate the license at any time by destroying the Software together with all copies or modifications in any form. TrialWorks LLC will have the right to terminate your license immediately if you fail to comply with any term or condition of this agreement.
5. Limited Warranty: TrialWorks LLC warrants only that the media upon which the Software is furnished will be free from defects in material or workmanship under normal use and service for period of (30) days from the date of delivery to you. TrialWorks LLC DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDY TrialWorks LLC WILL PROVIDE FOR BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, TrialWorks LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state.
6. Limitation of Liability: IN NO EVENT WILL TrialWorks LLC BE LIABLE TO YOU FOR ANY SPECIAL DAMAGES INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INDCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF TrialWorks LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some states do not allow the exclusion or limitation of special, incidental, or consequential damages, so the above limitation or exclusion may not apply to you.
7. Limitation of Remedies: TrialWorks LLC’s entire liability and your exclusive remedy shall be (a) the replacement of any media not meeting TrialWorks LLC’s limited warranty which is returned to TrialWorks LLC; or (b) if TrialWorks LLCis unable to deliver replacement media which is free of defects in materials of workmanship, you may terminate this Agreement by returning the Software and your money will be refunded.
8. General: You acknowledge that you have read this Agreement, understand it, and that by opening the package you agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement TrialWorks LLC and you which supersedes any proposal or prior agreement, oral or written, and any other communication between TrialWorks LLC and you relating to the subject matter of this Agreement. This Agreement shall be governed by the laws of the State of Florida. Any dispute hereunder will be submitted to arbitration in accordance with the Commercial Rules of Arbitration of the American Arbitration Association, in Miami, Florida.
COPYRIGHT 2017. TrialWorks LLC. All Rights Reserved.