Total Access Statistics License
PLEASE READ THE FMS SOFTWARE LICENSE AGREEMENT. YOU MUST AGREE TO
BE BOUND BY THE TERMS OF THIS AGREEMENT BEFORE YOU CAN INSTALL OR
USE THE SOFTWARE.
IF YOU DO NOT ACCEPT THE TERMS OF THE LICENSE
AGREEMENT FOR THIS OR ANY FMS SOFTWARE PRODUCT,
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SHOULD PROMPTLY RETURN ANY FMS SOFTWARE PRODUCT
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TO THE TERMS OF THE FMS SOFTWARE LICENSE
AGREEMENT FOR A REFUND OF THE PURCHASE PRICE.
Ownership of the Software
The enclosed software program (“SOFTWARE”) and the
accompanying written materials are owned by FMS,
Inc. or its suppliers and are protected by
United States copyright laws, by laws of other
nations, and by international treaties. You must
treat the SOFTWARE like any other copyrighted
material except that you may make one copy of
the SOFTWARE solely for backup or archival
purpose, and you may transfer the SOFTWARE to a
permanent storage device.
Grant of License
The SOFTWARE is licensed on a per seat
(user/developer) basis. Contact FMS to purchase
For each license
purchased, you are permitted (either as an
individual, or if an entity, one designated
individual) to use the program on one computer
at a time.
Use and Redistribution Rights
This SOFTWARE license is for one user only and includes a Runtime
License granting limited redistribution rights.
The Runtime Library Database is available to let you distribute
applications that run the scenarios you created.
The Runtime License gives you the non-exclusive, royalty-free
right to incorporate Total Access Statistics
scenarios in your applications, provided that:
Each developer using the SOFTWARE owns a Runtime License;
Your application adds substantial value to the SOFTWARE and is not a
standalone statistical analysis program;
Your application does not attempt to replicate the interactive user
interface of the SOFTWARE;
Your application is not a freeware or shareware product;
You only distribute the Runtime Library Database and no other files
of the SOFTWARE;
If you claim a copyright, you must add a clause stating "Portions of
this program are Total Access Statistics from FMS, Inc.", and do not
claim ownership of the Software.
You agree to indemnify, hold harmless, and defend FMS and its
suppliers or contractors from and against any claims or lawsuits,
including attorneys’ fees, that arise or result from the use or
distribution or other activities relating to your applications.
You may not reverse engineer, de-compile, or disassemble this
SOFTWARE. The SOFTWARE is licensed as a single product and may not
be separated by use for more than one user at a time. You may not
rent or lease the SOFTWARE.
You may not transfer any of your rights under the FMS Software
License Agreement to other individuals or entities. Without
prejudice to any other rights, FMS may terminate this FMS Software
License Agreement at any time if you fail to comply with any of its
terms. In such an event of termination, you must destroy and stop
using all affected SOFTWARE copies.
Transfer of License
If your SOFTWARE is marked “NOT FOR RESALE”, you may not sell or
resell the SOFTWARE, nor may you transfer the FMS Software license.
If your SOFTWARE is not marked “NOT FOR RESALE”, you may transfer
your license of the SOFTWARE to another user or entity provided
You have not distributed applications including the SOFTWARE;
The recipient agrees to all terms of the FMS Software License
You provide all original materials including software disks or
compact disks, and any other part of the SOFTWARE’s physical
distribution to the recipient;
You remove all installations of the SOFTWARE; and
You notify FMS, in writing, of the ownership transfer.
If you discover physical defects in the media on which this
SOFTWARE is distributed, or in the related manual, FMS, Inc. will
replace the media or manual at no charge to you, provided you return
the item(s) within 60 days after purchase.
ALL IMPLIED WARRANTIES ON THE MEDIA AND MANUAL, INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE LIMITED TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE OF THIS
Although FMS, Inc. has tested this program and reviewed the
documentation, FMS, Inc. makes no warranty or representation, either
expressed or implied, with respect to this SOFTWARE, its quality,
performance, merchantability, or fitness for a particular purpose.
As a result, this SOFTWARE is licensed “AS-IS”, and you are assuming
the entire risk as to its quality and performance.
IN NO EVENT WILL FMS, INC. BE LIABLE FOR DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE, OR
INABILITY TO USE THIS SOFTWARE OR ITS DOCUMENTATION.
THE WARRANTY AND REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE
EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR
Some states do not allow the exclusion or limitation of implied
warrantees or liability for incidental or consequential damages, so
the above limitations or exclusions may not apply to you. This
warranty gives you specific legal rights; you may also have further
rights that vary from state to state.
U.S. Government Restricted Rights
The SOFTWARE and documentation are provided with RESTRICTED RIGHTS.
Use, duplication, or disclosure by the Government is subject to
restrictions as set forth in subparagraph (c) (1) (ii) of the Rights
in Technical Data and Computer Software clause at DFARS 252.227-7013
or subparagraphs (c) (1) and (2) of the Commercial Computer Software
- Restricted Rights at 48 CFR 52.227-19, as applicable.