IMPORTANT:Carefully read the following definitions, terms and conditions before using or installing Antiques SOS or any upgrades to the SOS software. This end user license agreement for Antiques SOSTM software is a legally binding agreement between you (either individually or as a single legal entity) and White Light Computing, INC. This agreement applies to all versions of Antiques SOSTM. This agreement applies to all material provided that may include magnetic or optical media, documentation, or other printed materials (“SOFTWARE PRODUCT”). By opening, installing, copying or otherwise using the supplied SOFTWARE PRODUCT you agree to be bound unconditionally by the terms of this end user agreement. The use of the SOFTWARE PRODUCT and other materials accompanying your license and its documentation is governed by the terms set forth in this license agreement. Such use is at your sole risk. If you do not agree with the terms and conditions of this agreement, do not open, install or use the SOFTWARE PRODUCT and promptly return all materials provided, prepaid.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other treaties, and intellectual property laws and treaties. It also incorporates trade secrets of White Light Computing, INC. The SOFTWARE PRODUCT is licensed and not sold and is the exclusive property of White Light Computing, INC.
GRANT OF LICENSE: White Light Computing, INC grants you a limited, non-exclusive, personal license to use the SOFTWARE PRODUCT developed, assembled and provided by White Light Computing, INC. This end user license agreement grants you the following rights:
a. You may use the Antiques SOS Premium (SOFTWARE PRODUCT on one to eight machines at any one physical location at any one time;
b. You may use the Antiques SOS Lite (SOFTWARE PRODUCT on one to three machines at any one physical location at any one time;
c. You may use the Antiques SOS Basic (SOFTWARE PRODUCT on one machine only at any one physical location at any one time
d. You may use the manual and other documentation and printed materials only in conjunction with the use of the SOFTWARE PRODUCT;
e. You may copy the SOFTWARE PRODUCT into any machine readable form for backup purposes in support of use of the SOFTWARE PRODUCT on the permitted machine(s), provided such copy includes the copyright notice;
f. You may not modify, merge, translate, decompile, reverse engineer, disassemble, decode, or otherwise alter the SOFTWARE PRODUCT and you may not reveal the source code or file structure. You acknowledge that the SOFTWARE PRODUCT represents and embodies certain trade secrets, confidential information and intellectual property of White Light Computing, INC;
g. You may not grant sublicenses, leases or other rights to the SOFTWARE PRODUCTS to others;
h. You may not transfer the SOFTWARE PRODUCT electronically from one machine to another or use it in any machine which permits electronic access to the SOFTWARE PRODUCT by more than one user at more than one physical site;
i. You may not use, copy, rent, lend, or transfer the SOFTWARE PRODUCT or documentation, in whole or in part, except as expressly provided for in this License Agreement.
OWNERSHIP: Title and ownership of the SOFTWARE PRODUCT remains with White Light Computing, INC. The SOFTWARE PRODUCT license remains the property of White Light Computing, INC until fully paid for. Unless fully paid for under the terms of our mutual purchase agreement you are required to return the SOFTWARE PRODUCT to us and forfeit any monies paid. You may transfer the SOFTWARE PRODUCT and license to another party if the other party agrees to accept the terms and conditions of this Agreement and if the transfer is prior approved in writing by White Light Computing, INC. If you transfer possession of the SOFTWARE PRODUCT in whole or in part, or any copy to another party, your license is automatically terminated and you may not retain copies of the SOFTWARE PRODUCT. Any transfer of the SOFTWARE PRODUCT shall include all prior versions of the SOFTWARE PRODUCT.
COPYRIGHT: White Light Computing, INC retains the ownership and copyright protection of the SOFTWARE PRODUCT. You may not remove or obscure the copyright and trademark notices in either hard copy or machine readable portions of the SOFTWARE PRODUCT.
TERM: This license commences upon acceptance of this agreement and being fully paid for under the terms of the purchase agreement and is effective until terminated. You may terminate it by returning the SOFTWARE PRODUCT together with all copies in any form. White Light Computing, INC may terminate this License Agreement without recourse if you fail to comply with any of its terms and conditions. Further, White Light Computing, INC reserves the right, at its sole and exclusive discretion, to terminate this license agreement, without recourse, for any reason it deems appropriate.
APPLICABLE LAW: This license shall apply and be governed according to the laws of the State of Virginia. All remedies for violation of this agreement, permitted by applicable law, shall be available to White Light Computing, INC without limit.
MISCELLANEOUS: Any and all claims that may arise as a consequence of the use of the SOFTWARE PRODUCT shall be submitted to arbitration. Such arbitration shall be conducted in the State of Michigan, under the rules of the American Arbitration Association and at a location suitable to White Light Computing, INC. Such arbitration shall not commence unless and until a non-refundable deposit of two thousand (2000.00) U.S. Dollars, in the form of cash or cashier’s check drawn upon a United States bank shall have been received by White Light Computing, INC. Any award, singularly or in the aggregate, shall not exceed the amount paid by you, the LICENSEE, for the SOFTWARE PRODUCT license. You agree to indemnify, hold harmless, and defend White Light Computing, INC from and against any claims or lawsuits, including attorney’s fees, that arise from or result from the use of the SOFTWARE PRODUCT. The terms and conditions of this EULA may be changed by White Light Computing, INC at any time without prior notification. Good and sufficient notice of any such changes may be accomplished by posting the revised EULA on the Antiques SOS web site – http://www.antiques-sos.com.
LIMITED WARRANTY: White Light Computing, INC warrants that the SOFTWARE PRODUCT will operate substantially as described in the accompanying material for a period of sixty days from the date of shipping. White Light Computing, INC will make commercially reasonable efforts to resolve problem issues with respect to the SOFTWARE PRODUCT. Other than as described above, the SOFTWARE PRODUCT and maintenance agreements are provided “as is” and without warranty of any kind. White Light Computing, INC does not warrant that the SOFTWARE PRODUCT will meet your requirements or that the SOFTWARE PRODUCT will be error free, or that the operation of the SOFTWARE PRODUCT will be uninterrupted or that any apparent alleged defects in the SOFTWARE PRODUCT will be corrected to your satisfaction. This limited warranty gives you specific legal rights. Varying from state to state, you may have other rights.
NO OTHER WARRANTIES: White Light Computing, INC to the maximum extent permitted by applicable law disclaims all other warranties and conditions, either implied or express, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and absence of infringement, with regard to the SOFTWARE PRODUCT and the provision or failure to provide support services. Absolutely no representation is made that the SOFTWARE PRODUCT will function as intended with any particular machine(s), printer(s), network, or any other equipment, system or component of either. The design, integration, setup and operation of such machine(s), printer(s), network(s) or other equipment is solely your responsibility. No oral or written information or advice given by a White Light Computing, INC authorized representative shall create a warranty or in any way increase the scope of the given warranty.
LIMITATION OF LIABILITY:To the maximum extent permitted by applicable law, White Light Computing, INC shall not be liable for any indirect, incidental, consequential, or special damages whatsoever. Included without limitation are damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss arising out of the use or inability to use the SOFTWARE PRODUCT or the provision or failure to provide support services. The foregoing applies even if White Light Computing, INC has been advised of the possibility of such damages. In any case, White Light Computing, INC liability shall be limited to the amount actually paid by you for the SOFTWARE PRODUCT license. Some states and jurisdictions do not allow the exclusion or
limitation of liability. Therefore, the above exclusions may not apply to you.