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
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 device.
Grant of License
granted on a PER DEVELOPER basis. For each license, one designated
developer can use the Software on one computer at a time.
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" or
"COMPLIMENTARY", you may not sell or
resell the SOFTWARE, nor may you transfer the FMS Software license.
You may transfer your license of the SOFTWARE to another user or
entity provided that
- The recipient agrees to all terms of the FMS
Software License Agreement
- You provide all original materials including software disks or
compact disks, and any other part of the SOFTWARE's physical
distribution to the recipient, and
- You remove all installations of the SOFTWARE that you have
- You notify FMS, in writing, of the ownership transfer.
Use and Redistribution Rights
FMS grants you, the licensed developer, the right to distribute the
Software custom control files (those with a file extension of *.OCX)
on a non-exclusive, royalty free basis, provided that:
- Each developer using the program owns a license of the SOFTWARE;
- You do not distribute any of the SOFTWARE's License files (those
files with a file extension of *.LIC);
- You do not distribute the custom control files, in whole or in
part, in any form that does not add primary and substantial value to
the custom controls;
- 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 of or other activities relating to your software.
- If you claim a copyright, you must add a clause stating
"Portions of this program are Copyright Total Access Components from
FMS, Inc." and that you do not claim ownership of the software.
- You do not permit (either by explicit or implicit means) further
distribution of the SOFTWARE by your end user.
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 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.