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Copyright 1996, 2006 Metron Time Clock Company All Rights Reserved Metron Time Clock Company PO BOX 358 Silverado, CA 92676 This software is protected by United States Copyright laws and international treaty provisions. Unauthorized duplication or distribution of this software, in whole or in part is prohibited. The Time-Windows software is a proprietary and copyrighted product of Metron Time Clock Company (Metron). It is licensed (not sold) only on the terms of this End-User License Agreement. Please read this agreement carefully. You have acquired the rights to use the Time-Windows software in object code form directly from Metron even if distributed by a dealer. You assume responsibility for the selection of the program to achieve your intended results and for the installation, use, and results obtained from the licensed materials. License: In consideration of your acceptance of the terms and conditions contained in this agreement, Metron grants you a non-exclusive license to use the Time-Windows software and associated documentation for your own data processing needs on one IBM personal computer or compatible hardware system. A separate license is required for each CPU on which the Time-Windows software will be used. YOU ARE NOT LICENSED TO RENT, LEASE, TRANSFER OR DISTRIBUTE THE TIME-WINDOWS SOFTWARE. Title: Title and copyright to the Time-Windows software including the object code media and documentation, remain with Metron. You may not copy, reproduce or make data transmissions in whole or in part of the Time-Windows software, except as necessary for backup and archival purposes. You may not reverse engineer, translate, disassemble or decompile the Time-Windows software, in whole or in part. Term: The license is effective on opening and shall continue until terminated. You may terminate it at any time by destroying the Time-Windows software media. Metron has the right to terminate this agreement if you fail to comply with any term or condition of this agreement. Upon termination you shall destroy or return the Time-Windows software to Metron, with a letter signed by you stating that the Time-Windows software and the documentation and all copies have been returned or destroyed and the copy of the Time-Windows software on the hard disk has been removed. Conditions and Warranty: METRON WARRANTS THAT FOR A PERIOD OF THIRTY DAYS FROM DATE OF DELIVERY, THE TIME-WINDOWS SOFTWARE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE. EXCEPT FOR THE EXPRESSED WARRANTY STATED HEREIN, METRON DISCLAIMS ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, WITH REGARD TO THE TIME-WINDOWS SOFTWARE LICENSED HEREUNDER, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. Metron does not warranty that the functions contained in the Time-Windows software will meet your requirements or that the operation of the software be uninterrupted or error free, or will function properly in every hardware environment. Limitations and Remedies: Metron's entire liability and your exclusive remedy, if the dealer from whom you acquired the license materials is unable to deliver acceptable replacement media shall be limited to your purchase price which shall be paid to you upon return of the Time-Windows software and the letter certifying complete return. IN NO EVENT WILL METRON BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH PROGRAM EVEN IF METRON OR ANY OF ITS DEALERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANOTHER PARTY. METRON'S MAXIMUM LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNTS PAID TO METRON HEREUNDER FOR THE TIME-WINDOWS SOFTWARE. SOME STATES HAVE LAWS WHICH REQUIRE WARRANTY AND LIABILITY RIGHTS DIFFERENT FROM THOSE STATED HEREIN. IN THOSE STATES THE REQUIRED WARRANTY AND LIABILITY TERMS WILL APPLY. General: You may transfer the Time-Windows system to another party only if you receive Metron's prior written consent and the other party executes an End-User Sub-License Agreement. Your license will then be terminated as provided for above. THE TIME-WINDOWS SOFTWARE AND ACCOMPANYING DOCUMENTATION ARE PROTECTED BY COPYRIGHT LAW, UNLESS SPECIFICALLY AUTHORIZED BY METRON. THE COPYING, DUPLICATION, SALE OR OTHER UNAUTHORIZED USE OR DISTRIBUTION OF THE LICENSED MATERIALS IS PROHIBITED. IT IS A POLICY OF METRON TO SEEK WHATEVER CRIMINAL AND/OR CIVIL REMEDIES ARE AVAILABLE AGAINST ANY PERSON OR COMPANY INFRINGING THE COPYRIGHT AND/OR RESTRICTIONS IMPOSED BY APPLICABLE LAW. This agreement will be governed by the laws of the state of California except in those jurisdictions where the application of California law is contrary to public policy. In such instances, the law of the jurisdiction where the end-user is located applies. It is understood and acknowledged that Metron has the unequivocal right to obtain a timely injunction release to protect Metron's proprietary rights. If you have any questions concerning this Agreement, you may contact Metron by writing to Metron Time Clock Company, P.O. Box 358, Silverado, CA 92676. Any questions regarding the Time-Windows software and its use are the responsibility of your dealer. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN US RELATING TO THIS SUBJECT MATTER OF THIS AGREEMENT. IF ANY PROVISION OF THIS AGREEMENT SHALL BE HELD TO BE INVALID, ILLEGAL OR UNENFORCEABLE, THE REMAINING PROVISIONS SHALL NOT BE AFFECTED. FAILURE TO REGISTER THE SOFTWARE DOES NOT AFFECT ANY OF THE RIGHTS OR OBLIGATIONS OF THIS LICENSE. |