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, YOU MAY NOT INSTALL OR USE THE SOFTWARE. YOU SHOULD
PROMPTLY RETURN ANY FMS SOFTWARE PRODUCT FOR WHICH YOU ARE UNWILLING OR
UNABLE TO AGREE 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
Grant of License
Licensing is based on the number of installed copies of Total Access
Startup. Each copy requires a separate license. One installation can be used
to manage an unlimited number of databases called by an unlimited number of
users on that network.
Use and Redistribution Rights
This SOFTWARE license is for one user only and includes a Runtime
License granting limited redistribution rights. With the exception of
the Redistributable Launcher (TASLnch.exe), no other files may be
The Redistributable Launcher (TASLnch.exe) ensures users who are not
on your network launch the right version of Access with your database.
It does not support updates of new versions of your database since the
user is disconnected from your network.
The Runtime License gives you the non-exclusive, royalty-free right
to incorporate Total Access Startup 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 database launcher 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 Redistributable Launcher and no other
files of the SOFTWARE.
- If you claim a copyright, you must add a clause stating
"Portions of this program are copyright Total Access Startup 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.
Under no circumstances may you attempt to reverse engineer this
product. 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
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 using the SOFTWARE.
- You have not upgraded to a later version of 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.
- 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
THE WARRANTY AND REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE
EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR IMPLIED.
Some states do not allow the exclusion or limitation of implied
warranties 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 other 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.
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