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Please Read This.
You should carefully read all terms and conditions related
to this License Agreement (AGREEMENT) between you and
Business Management Club, Inc. (BMC) before opening
the software package (s) included in the Business 2010
Program or Business 2010 Program (PROGRAM). By opening the accompanying software
package (s) you acknowledge that you have read and accept
the following terms and conditions. If you do not agree
and do not wish to be bound by such terms and conditions,
please promptly return the entire contents of the PROGRAM
and the unopened software package (s) to the place you
purchased it from for a full refund, less the shipping
and handling costs, if applicable.
1. License Grant.
BMC grants to (either an individual or entity) a non-exclusive
license to use one copy of the enclosed software
program (s) (collectively, the SOFTWARE), solely for your
own personal or business purposes on a single computer (whether
a standard computer or a workstation component
of a multi-user network). The SOFTWARE is in use
on a computer when it is loaded into temporary memory
(RAM), or installed into permanent memory
(hard disk, CD-ROM, or other storage device). BMC
reserves all rights not expressly granted herein.
2. Ownership
BMC and the author is the owner of all right, title,
and interest, including copyright, in and
to the compilation of the SOFTWARE recorded on
the disk (s) or CD-ROM (SOFTWARE MEDIA). Ownership
of the SOFTWARE and all proprietary rights relating
thereto remain with BMC and its licensers.
3. Restriction on Use and Transfer
3.1 You may only:
3.1.1
Make one copy of the SOFTWARE for backup or archival
purposes, or
3.1.2
Transfer the SOFTWARE to a single hard disk, provided
that you keep the original for backup or archival purposes
3.2 You may not:
3.2.1 Rent or lease the SOFTWARE, or
3.2.2 Copy or reproduce the SOFTWARE through
LAN or other network system or through
any computer subscriber system or bulletin-board, or
3.2.3
Modify, adapt, or create derivative works based on the
SOFTWARE
3.3 You may not reverse engineer, decompile, or
disassemble the SOFTWARE. You may transfer
the SOFTWARE and user documentation on a permanent basis,
provided that the transferee agrees to accept
the terms and conditions of this AGREEMENT
and you retain no copies. If the SOFTWARE is
an update or has been updated, any transfer
must include the most recent update and all prior
versions.
4. Restrictions on Use of Individual Programs.
You must follow the individual requirements and
restrictions detailed for each individual program contained
in the SOFTWARE. These limitations are also contained
in the individual license agreements recorded on the
SOFTWARE MEDIA. These limitations may include a requirement
that after using the program for a specified period
of time, the user must pay a registration fee or discontinue
use. By opening the SOFTWARE packet (s), you will be
agreeing to abide by the licenses and restrictions for
these individual programs that are contained in the
SOFTWARE and in the SOFTWARE MEDIA. None of the material
on this SOFTWARE MEDIA or contained on this SOFTWARE
may ever be redistributed, in original or modified
form, for commercial purposes.
5. Limited Warranty
5.1 BMC warrants that the SOFTWARE and SOFTWARE
MEDIA are free from defects in materials and workmanship
under normal use for a period of sixty (60) days
from the date of purchase of this PROGRAM. If BMC receives
notification within the warranty period of defects in
materials or workmanship, BMC will replace the defective
SOFTWARE MEDIA.
5.2 BMC, THE AUTHOR, AND CONTRIBUTING EDITORS
OF THIS PROGRAM DISCLAIM ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE
SOFTWARE, THE PROGRAMS, THE SOURCE CODE CONTAINED HEREIN,
AND/OR THE METHODS DESCRIBED IN THIS PROGRAM. BMC, THE
AUTHOR, AND CONTRIBUTING EDITORS DO NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE
WILL BE ERROR FREE.
5.3 This limited warranty gives you specific
legal rights, and you may have other rights that vary
from one jurisdiction to another.
6. Remedies
6.1 BMC's entire liability and your exclusive remedy
for defects in material and workmanship shall be limited
to replacement of the SOFTWARE MEDIA, which may be returned
to BMC with a copy of your receipt at the following
address: Business Management Club, Inc., 1223
Wilshire Blvd, #172, Santa Monica, CA 90403. Please
allow three to four weeks for replacement delivery.
This Limited Warranty is void if failure of the
SOFTWARE MEDIA has resulted from accident, abuse, or misapplication.
Any replacement SOFTWARE MEDIA will be warranted for
the remainder of the original warranty period or thirty
(30) days, whichever is longer.
6.2 In no event shall BMC, or the author, or the
contributing editors be liable for any damages
whatsoever (including without limitation damages for
loss of business profits, business interruption, loss
of business information, or any other pecuniary
loss) arising from the use of or inability to use the
PROGRAM, or the SOFTWARE, even if BMC has
been advised of the possibility of such damages.
6.3 Because some jurisdictions do not allow the
exclusion or limitation of liability for consequential
or incidental damages, the above limitation or exclusion may
not apply to you.
7. U.S. Government Restricted Rights.
Use, duplication, or disclosure of the SOFTWARE
by the U.S. Government is subject to restrictions stated
in paragraph (c) (1) (ii) of the Rights in Technical Data
and Computer Software clause of DFARS 252.227-7013,
and in sub-paragraphs (a) through (d) of the Commercial
Computer-Restricted Rights clause at FAR 52.227-19,
and similar clauses in the NASA FAR supplement, when
applicable.
8. General
This AGREEMENT constitutes the entire agreement
of the parties and revokes and supersedes all prior
agreements, oral or written, between them and may not
be modified or amended except in a writing signed by
both parties hereto that specifically refers to
this AGREEMENT. This AGREEMENT shall take precedence
over any other documents that may be in conflict herewith.
If any one or more provisions contained
in this AGREEMENT are held by any court or tribunal
to be invalid, illegal, or otherwise unenforceable,
each and every other provision shall remain in
full force and effect.
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LESSON
FOR TODAY:
An Agreement Is Only As Good As
The People Who Stand Behind It!
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© Business Management Club, Inc. 2000-2005
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