Definitions
LP Systems Inc. dba Express Technology (“Express Technology”)
Express Technology Software (“Software”)
Licensed Purchaser (“Licensee”)
1. Concurrent Users
Licensee may use the Software on either a single computer or a local area computer network on the number of workstations licensed. A local area computer network is any combination of two or more workstations located at a single site that are electronically linked and capable of sharing the use of a single Software program. Licensee’s use of this Software on a computer network is authorized only if Licensee has purchased and dedicated at least one copy of the Software from Express Technology and is limited to use on the number of workstations for which the Licensee has purchased licenses.
2. Media
Through periodic updates, Licensee may receive multiple CD disk copies of the Software. Licensee may only use the disks appropriate to Licensee computer (and/or computer network). Licensee may not use the remaining disks on another computer (or computer network), nor may Licensee loan, rent, lease, or transfer them to another user. If the entire Software package is transferred to another user on a permanent basis, then all disks must be transferred to that user. If Licensee transfers the Software, Licensee may not retain any of the disks or copies thereof for Licensee’s own use.
3. Rental and Other Restrictions
Licensee may not rent, lend, lease, or assign this Software. Licensee may, however, transfer the Software and any accompanying written materials on a permanent basis. If Licensee transfers the Software on a permanent basis, Licensee may not keep any copies, and Licensee must remove the Software from Licensee’s computer and network. Also, the person to whom Licensee transfers the Software must agree to the terms of this License.
4. Warranties
The software is sold “as is”, without warranty, implied or expressed. While every effort is made to insure that this product and its documentation are free from defects, Express Technology shall not be held responsible for any loss of profit or any other commercial damage including, but not limited to special, incidental, consequential or other damages occasioned by the use of this software.
5. General
Express Technology retains title to and ownership of the Software. Express Technology retains all rights not expressly granted. Nothing in this License Agreement constitutes a waiver of Express Technology’s rights under the U.S. copyright laws or any other Federal or State law. Express Technology or its designee has the right to audit Licensee’s computer and Software usage to determine whether any unauthorized copies of this program have been made. Any litigation in connection with this agreement shall be conducted in the state of Alabama.
6. Confidentiality
Each party acknowledges that all material and information which has or will come into the possession or knowledge of each in connection with this contract or the performance hereof, consists of confidential and proprietary data whose disclosure to or use by third parties will be damaging. Both parties, therefore, agree to hold such material and information in strictest confidence, not to make use thereof other than the performance of this agreement, to release it only to employees requiring such information, and not to release or disclose it to any other party.
7. Entire Agreement
This agreement states the entire understanding and agreement between the parties and supersedes all prior understandings, agreements, and proposals. Only a writing signed by both parties can amend this agreement.
8. Copyright/Trademark Notice
Any authorized copy of the Software, including authorized backup copies if any, must include Express Technology’s copyright and trademark notices.
9. U.S. Government Restricted Rights
Software and documentation thereto are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in sub paragraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 52.227-7013. The contractor/manufacturer of this Software and documentation thereto is Express Technology Inc., 8100 Falcon Blvd., Fairhope, AL 36532, 888-565-0127.