THIS IS A CONTRACT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY UNINSTALL AND DESTROY ALL COPIES OF THE SOFTWARE.
This RDC Software ("RDC") Server License Agreement accompanies the software ("SOFTWARE") and related explanatory written materials ("Documentation"). The term "SOFTWARE" shall also include any upgrades, modified versions, updates, additions, and copies of the SOFTWARE licensed to you by RDC. RDC grants to you a non exclusive license to use the SOFTWARE and Documentation, provided that you agree to the following:
Use of the SOFTWARE:
You may not translate the SOFTWARE to any foreign language or foreign currency without prior written consent from an authorized officer of RDC. RDC reserves all rights to versions of the SOFTWARE translated to any foreign language or foreign currency.
You may modify the SOFTWARE for your application's specific needs. Modifying the SOFTWARE below the user specific variables voids all warranty claims.
You may have unlimited copies of the SOFTWARE on the licensed server. Serverís owner or authorized representative may rent or sublease the use of the SOFTWARE to companies or individuals renting space (virtual or non-virtual) on the licensed server.
The serverís owner or authorized representative operating under a Server License may not sell licenses for the SOFTWARE. No copies of the SOFTWARE covered by a Server License may be transferred to another server by any company or individual renting or sub leasing the use of the SOFTWARE under any condition(s).
You may install one copy of the SOFTWARE on one personal or portable computer located at your place of business and one copy of the SOFTWARE on one personal or portable computer located at your home for the sole purpose of configuration.
You may make one backup copy of the SOFTWARE on one computer (or server), provided your backup copy is not installed or used on any computer.
You may not rent, lease, sub license, or lend the SOFTWARE or Documentation to any company or individual who is not renting space (virtual or non-virtual) on the licensed server. You may, however, transfer all your rights to use the SOFTWARE to another person or legal entity provided that you transfer this Agreement, the SOFTWARE, including all copies, and all Documentation to such person or entity and that you retain no copies, including copies stored on a computer.
You may make one back-up copy, in accordance with the terms of this Agreement, for each version of the SOFTWARE you use. You may not rent, lease, sub license, lend, or transfer versions or copies of the SOFTWARE you do not use, or SOFTWARE contained on any unused media, except as part of the permanent transfer of all SOFTWARE and Documentation as described above.
If you acquire an upgrade or update for the SOFTWARE, you may use the previous version for sixty (60) days after you receive the new version in order to assist you in the transition to the new version, after which time you no longer have a license to use the previous version, and all copies thereof, including copies installed on computers, must be destroyed.
RDC warrants to you that the SOFTWARE will perform substantially in accordance with the Documentation for the thirty (30) day period following your receipt of the SOFTWARE.
To make a warranty claim, you must return the SOFTWARE along with a copy of your electronic sales receipt within such thirty (30) day period. If the SOFTWARE does not perform substantially in accordance with the Documentation, the entire and exclusive liability and remedy shall be limited to either, at RDC's option, the replacement of the SOFTWARE or the refund of the license fee you paid for the SOFTWARE.
RDC AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR RDCS' OR ITS SUPPLIERS' BREACH OF WARRANTY.
EXCEPT FOR THE FOREGOING LIMITED WARRANTY, RDC AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Some states or jurisdictions 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.
To the extent permissible, any implied warranties are limited to thirty (30) days. This warranty gives you specific legal rights. You may have other rights which vary from state to state or jurisdiction to jurisdiction.
Limitation of Liability:
IN NO EVENT WILL RDC OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A RDC REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Governing Law and General Provisions:
This Agreement will be governed by the laws in force in the State of Texas excluding the application of its conflicts of law rules.
This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the SOFTWARE will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms.
This Agreement may only be modified in writing signed by an authorized officer of RDC.
Unpublished-rights reserved under the copyright laws of the United States.