THE FINANCIAL SCOREBOARD™ SOFTWARE AVAILABLE
FOR PURCHASE AND DOWNLOAD FROM THE WEB SITE IS SUBJECT TO THE FOLLOWING LICENSE
TERMS AND CONDITIONS.
PLEASE READ THIS LICENSE BEFORE MAKING YOUR PURCHASE.
ASSENT TO PURCHASING THE FINANCIAL SCOREBOARD OBLIGATES YOU TO THESE LICENSE
TERMS. ALL SALES ARE FINAL.
1. Holisys Ltd./XMG, Inc. grants the end user (Customer) a non-exclusive and non-transferable license to use the serialized copy of the software together with related user documentation, manuals and other written materials delivered in connection with the software. This is a single copy software license granted by Holisys Ltd./XMG, Inc. The software in this package is licensed to you as the end user. It is not sold.
2. The software enclosed in this package is copyrighted material. Once you have paid the required fee, you may use the software for as long as you like provided you do not violate the copyright and you follow these simple rules.
(a) You may use the software on any computer for which it is designed so long as no more than one person uses it at any one time. You must pay for additional copies of the software if more than one person will be using it at the same time on one or more computers.
(b) You may make copies of the software for backup purposes and all such copies, together with the original, must be kept in your possession or control.
(c) You may not make any changes or modifications to the software, and you may not decompile, disassemble, or otherwise reverse engineer the software. You may not rent or lease it to others. You may not use it on a computer network unless only one person can use it at a time.
The software may be copied only in machine readable form for back-up or archival purposes; however, that no more than one additional copy will be in existence under this agreement at any one time without prior written consent of Holisys Ltd./XMG, Inc.
Customer shall maintain appropriate records on the number and location of the copy of the software and make such lists available to Holisys Ltd./XMG, Inc. upon request.
THE UNAUTHORIZED COPYING OR TRANSFER OF THE SOFTWARE MAY BE CONSIDERED A CRIME AND SUBJECT YOU TO CLAIMS FOR DAMAGES AND ATTORNEY'S FEES.
3. LIMITED WARRANTY. Holisys Ltd./XMG, Inc. warrants that the software will perform substantially in accordance with the specifications set forth in the provided documentation. This warranty is effective for a period of 90 days from the date that the software is delivered to you.
Holisys Ltd./XMG, Inc. does not warrant that the functions contained in the software will meet your requirements or that the operations of the software will be uninterrupted or error free. The warranty is void if the software is subject to damage, abuse or alteration. ANY IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE TERMS OF THE EXPRESS WARRANTIES. Some states do not allow limitations on implied warranties, so the limitations may not apply to you.
4. LIMITED REMEDY. Holisys Ltd./XMG, Inc. will either replace or repair without additional charge any software that does not perform in substantial accordance with the provided documentation. In the event that Holisys Ltd./XMG, Inc. is unable to provide a working copy of the software within a reasonable time, Holisys Ltd./XMG, Inc. will provide a refund.
HOLISYS LTD./XMG, INC. SHALL NOT BE LIABLE FOR SPECIAL INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR OTHER DAMAGES ARISING OUT OF THE BREACH OF THESE WARRANTIES. Some states do not allow the limitation of remedies, so the limitations may not apply to you.
Holisys'/XMG's liability shall not exceed the fee paid by you for the License Agreement.
5. Registration. In order to make a warranty claim or to receive notices of any updates, you must first complete and return the Registration Form on this Web Site by FAX at 707-829-2691, or to Holisys Ltd./XMG, Inc., by mail at the following address: Holisys Ltd. 708 Gravenstein Hwy. North, Sebastopol, CA 95472.
6. Warranty Claim. You must email support@financialscoreboard.com for authorization to return any defective item to Holisys Ltd./XMG, Inc. during the warranty period.
The warranties and remedies described within this license are your only warranties and remedies, so you should not rely upon any other statements. Any dispute arising relating to this license, shall be settled by arbitration between you and XMG Inc., a Colorado corporation, in Denver, Colorado in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s) may be entered in any Court having jurisdiction thereof.
This document represents the entire agreement between the parties and supersedes any prior agreement or understanding whether oral or written, relating to the subject of this license. This license may only be modified by a written agreement signed by XMG, Inc.
WARNING: THE OPERATION OF THIS PROGRAM MAY RESULT IN THE LOSS OF DATA OR MAY BE SUBJECT TO INTERRUPTION. CUSTOMER SHOULD EXERCISE CAUTION THROUGH THE REGULAR DUPLICATION OF ALL DATA. THE LIKELIHOOD OF DATA LOSS OR INTERRUPTION OF OPERATION IS INCREASED BY THE OPERATION OF THE PROGRAM BY IMPROPERLY TRAINED PERSONNEL, BY USE CONTRARY TO PROVIDED DOCUMENTATION, BY USE WITH IMPROPER SITE PREPARATION OR BY USE ON COMPUTER EQUIPMENT NOT APPROVED BY SUPPLIER.
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