CAREFULLY READ ALL OF THE TERMS AND CONDITIONS OF THIS
CONTRACT AND LICENSE AGREEMENT BEFORE USING THE HARDWARE OR SOFTWARE. BYNG
THIS PACKAGE, OR USING THE SOFTWARE, YOU INDICATE YOUR COMPLETE AND
UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS.
This document is a legal agreement between you, and the
FastSearch Corporation, concerning the use of the FastSearch software. THIS
AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT BETWEEN YOU AND THE FASTSEARCH
CORPORATION.
AGREEMENT:
1. LICENSE: FastSearch Corporation grants the licensee a
non-exclusive license to use the Software in this package in a single network or
computer with One (1) user accessing the information/program at a single time
for the single user license or an unlimited number of users with a site license
FOR THE TIME SPECIFIED IN YOUR SUBSCRIPTION. IF YOU DO NOT RENEW YOUR
SUBSCRIPTION, YOU MUST STOP USING THE FASTSEARCH SOFTWARE AND RETURN ALL
PREVIOUS COPIES TO FASTSEARCH CORPORATION . A network is defined as any
continuously connected group of computers on one cabling scheme without hardware
or software bridges. FastSearch Corporation retains title to and owns this copy
and all backup copies and any proprietary rights related to the software AND THE
DATA INCLUDED WITHIN THE SOFTWARE.
YOU ARE STRICTLY LEASING YOUR FASTSEARCH SOFTWARE FOR A
SET TIME PERIOD. YOU MAY CONTINUE TO USE ANY EDITION OF YOUR FASTSEARCH SOFTWARE
AS LONG AS YOU ARE A CURRENT SUBSCRIBER TO THAT TITLE OF FASTSEARCH SOFTWARE.
You may make copies of the software manual strictly for
use of this FastSearch products.
YOU MAY NOT SUBLET, RENT, SELL OR OTHERWISE INCORPORATE
INTO ANOTHER PRODUCT ANY OF THE INFORMATION OR DATA FOUND IN THIS FASTSEARCH
PRODUCT. ALL OF THE INFORMATION HAS BEEN ALTERED INTO A FORMAT EXCLUSIVE TO
FASTSEARCH CORPORATIONS USE, AND HAS BEEN SEEDED TO DETECT UNAUTHORIZED USE
If you breech this agreement, you agree to return all
software and copies in your possession, and not seek a refund for any payments
made. If you breech this agreement by leasing, transferring, selling, or giving
the information contained in your FastSearch software to another company for any
reason, you agree to pay the sum of $995 for each copy of software that is
transferred or sold to another party that contains information from a FastSearch
products.
2. LIMITED WARRANTEE. If you discover physical defects in
the media on which the software is distributed or in the Users Manual,
FastSearch Corporation will replace the media or manuals for a period of ninety
(90) days after purchase by the customer. You must return the disks or manual to
FastSearch Corporation within the warranty period accompanied by your packing
slip.
FASTSEARCH PRODUCTS ARE MEANT STRICTLY AS A SEARCH TOOL.
THE DATA SHOULD ALWAYS BE CONFIRMED WITH THE OFFICIAL PRINTED VERSION TO
GUARANTEE ACCURACY. FASTSEARCH DOES NOT GUARANTEE THE ACCURACY OF THE DATA.
FASTSEARCH CORPORATION LIMITS ALL IMPLIED WARRANTIES ON
THE MEDIA AND MANUALS, INCLUDING WITHOUT LIMITATION WARRANTIES OF
MERCHANTABILITY, PERFORMANCE AND FITNESS FOR A PARTICULAR PURPOSE TO A PERIOD OF
NINETY (90) DAYS FROM DATE OF PURCHASE BY THE RETAIL CUSTOMER, AS ESTABLISHED BY
THE CUSTOMER PACKING SLIP. FASTSEARCH CORPORATION WILL NOT BE LIABLE FOR ANY
BUG, ERROR, OMISSION, DEFECT, DEFICIENCY, OR NONCONFORMITY IN ANY SOFTWARE OR
DATA CONTAINED IN THE SOFTWARE. AS A RESULT, THE SOFTWARE IS SOLD "AS
IS", AND THE PURCHASER ASSUMES THE ENTIRE RISK AS TO ITS QUALITY AND
PERFORMANCE. THE PURCHASER MAY RETURN THE SOFTWARE TO THE FASTSEARCH CORPORATION
WITHIN NINETY (90) DAYS FROM THE DATE ON THE PACKING SLIP FOR OUR "NO
QUESTIONS ASKED" MONEY BACK GUARANTEE.
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3. LIMITATION OF LIABILITY. FASTSEARCH CORPORATION SHALL
IN NO EVENT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT OR
CONSEQUENTIAL DAMAGES RESULTING FROM ANY DEFECT IN THE SOFTWARE, ITS DATA OR ITS
DOCUMENTATION INCLUDING DAMAGES FROM LOSS OF DATA, DOWNTIME, GOODWILL, DAMAGES
TO OR REPLACEMENT OF EQUIPMENT OR PROPERTY, AND ANY COSTS OF RECOVERING,
REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA USED IN CONJUNCTION WITH
FASTSEARCH CORPORATION PRODUCTS, EVEN IF FASTSEARCH CORPORATION OR ANY
AUTHORIZED FASTSEARCH CORPORATION DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. You agree that FastSearch Corporations liability arising out of
contract, negligence, strict liability in tort or warranty shall not exceed any
amount paid by you for this product. Any written or oral information or advice
given by FastSearch Corporation, its dealers, distributors, agents or employees
will in no way increase the scope of this warranty. Some states do not allow the
exclusion or limitation of implied warranties or liability for incidental or
consequential damages, so the above limitations may not apply to you. This
warranty gives you specific legal rights, and you may also have other rights
with vary from state to state.
FastSearch Corporation retains the rights to all data
found in FastSearch products, as well as any programming code incorporated into
the data. You may not redistribute the information contained in FastSearch
products by any means, under any conditions. Information in the FastSearch
products has been seeded to detect any unauthorized use.
ALL RIGHTS NOT SPECIFICALLY GRANTED IN THIS LICENSE ARE
RESERVED BY FASTSEARCH CORPORATION.
