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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
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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 available in a single license or 5 license
version. Contact FMS, Inc. to purchase additional licenses. Licenses
are granted on a PER DEVELOPER basis.
For each license, one designated developer can use the Software
on one computer at a time.
Only the Library Code included in the SOFTWARE may be
redistributed. Library Code is defined as the programming code that
is available when using the SOFTWARE program’s Code Explorer
interface. You are specifically prohibited from redistributing any
other file or part of the SOFTWARE.
USE AND REDISTRIBUTION RIGHTS
FMS grants you the right to distribute the Library Code on a
non-exclusive, royalty free basis, provided that:
- Each developer using the program owns a license of the
- You do not distribute the library code, in whole or in part,
in any form that does not add primary and substantial value to
the library code.
- You do not distribute the library code in an application
that is similar in nature or purpose to 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 of or other activities relating to your
- If you claim a copyright, you must add a clause stating
"Portions of this program are Copyright Total .NET SourceBook
from FMS, Inc." and that you do not claim ownership of the
PUBLISHING LIBRARY CODE
You are prohibited from publishing library code on any medium,
including, but not limited to, electronic mail, online services,
internet newsgroups, and printed matter, except when library code is
distributed in an application that adds substantial value to the
library code and that application is not similar in nature or
purpose to the SOFTWARE. The Library Code may not be included in
freeware or shareware applications in a non-compiled state.
The Total .NET SourceBook Code WebService ("Code WebService") is
the subscription portion of the Total .NET SourceBook product. The
Code WebService is an online link to the FMS repository of
additional code and resources for the product. This repository is
updated by FMS on a regular basis and is available to subscribers.
Owners of Total .NET SourceBook may purchase subscriptions to the
Code WebService. During the term of the subscription, owners can
view and download the material available on the Code WebService
repository. The link is available within the Total .NET SourceBook
product over the Internet.
In addition to providing access to the online material, the
subscription grants the owner the right to use the downloaded
material royalty-free under the terms and restrictions of this
The Code WebService is only available to developers who own a
copy of the Total .NET SourceBook product. Subscribers may not
transfer the downloaded material to others, including owners of
Total .NET SourceBook who are without a valid subscription.
CODE WEBSERVICE - INFORMATION COLLECTED BY FMS
When you access the FMS Code WebService, certain data from your
computer is sent to FMS for the sole purpose of verifying your
SOFTWARE license. This information includes your computer name, your
registered user name and organization, and your serial number. The
data collected is used only for license verification purposes, and
is not distributed outside of FMS.
Under no circumstances may you attempt to reverse engineer this
product. You may not rent or lease the SOFTWARE, but you may
transfer the SOFTWARE and the accompanying written materials on a
permanent basis provided you retain no copies and the recipient
agrees to the terms in this SOFTWARE License. Ownership transfers
must be reported to FMS, Inc. in writing.
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 used any of the library code in an application.
- The recipient agrees to all terms of the FMS Software
- 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.
TECHNICAL SUPPORT ON LIBRARY CODE
Because of the complexity of software development, FMS does not
provide technical support related to the use of the Library code in
your applications. Technical support is available for issues you
find on the Code Explorer application and issues with the included
Library Code and associated documentation.
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.