Total Visual SourceBook Licensing Terms

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.

FMS grants you the right to distribute the Library Code on a non-exclusive, royalty free basis, provided that:

1. Each developer using the program owns a license of the SOFTWARE;
2. 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;
3. You do not distribute the library code in an application that is similar in nature or purpose to the SOFTWARE;
4. 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.
5. If you claim a copyright, you must add a clause stating "Portions of this program are Copyright Total Visual SourceBook from FMS, Inc." and that you do not claim ownership of the SOFTWARE.

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, the recipient agrees to the terms in this SOFTWARE License, you remove all installations of the SOFTWARE, and you have not used any of the Library Code in an application. Ownership transfers must be reported to FMS, Inc. in writing.

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 PRODUCT.

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 IMPLIED.

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.

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.