Client EULA

CLIENT End User License Agreement

Applied Computer Services Inc. Timer Pro Standalone End User License Agreement

 

CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT PRIOR TO LOADING THE SOFTWARE. LOADING AND REGISTERING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

Applied Computer Services, Inc. is abbreviated herein to ACS.

If you do not agree to these terms and conditions, delete and/or return the uninstalled software and the other components of this product to the place of purchase along with a letter on your company letterhead signed by an officer indicating that all components have been permanently removed for all equipment.

1. LICENSE: ACS shall grant, and the Customer shall accept a non-transferable and non-exclusive license to use the Timer Pro software program (licensed program) and online training material, all of which are copyrighted, on the specified number of PCs and PDA devices purchased as acknowledged by Applied Computer Services, Inc.

2. COPYRIGHT: The program and its related documentation are copyrighted. You may not copy the program or its documentation except for backup purposes and to load the program into the computer as part of executing the program. All other copies of the program and its documentation are in violation of this Agreement.

3 TERM: This agreement is effective and shall remain in force until terminated by the Customer at any time by deleting and/or returning any media in each package that is to be canceled, along with a signed statement of the Customer’s desire to cease using the package(s), and an acknowledgment that no unauthorized copies exist. Any license may be discontinued by ACS upon six (6) months prior written notice. Notice of discontinuance of any or all licenses is considered notice of termination of this agreement unless it is specifically stated. THIS AGREEMENT AND ANY OF THE LICENSES, PROGRAMS, OR MATERIAL TO WHICH IT APPLIES MAY NOT BE ASSIGNED, SUB-LICENSED, OR OTHERWISE TRANSFERRED BY THE CUSTOMER WITHOUT PRIOR WRITTEN CONSENT FROM ACS. NO RIGHT TO PRINT OR COPY, IN WHOLE OR IN PART, THE LICENSED PROGRAMS OR OTHER MATERIALS PERTAINING HERETO IS GRANTED EXCEPT AS HEREINAFTER EXPRESSLY PROVIDED.

4. UPDATE POLICY: ACS, from time to time, may make enhancements to existing packages. These enhancements will be provided free of charge to registered Timer Pro Customers for the first year. On the anniversary date of the purchase, Customers have the option of continuing the maintenance program for the prevailing maintenance. Customers in good standing on the maintenance agreement are entitled to all upgrades for the covered period.

5. PROTECTION AND SECURITY: The software, online and written documentation and any other material pertaining thereto, and the material contained therein furnished to the Customer are deemed trade secrets and the Customer agrees not to disclose any information pertaining thereto to third parties and to treat this information as a trade secret belonging to ACS. The Customer shall not provide or otherwise make available any licensed program or material pertaining, including but not limited to flow charts, logic diagrams, source code, and documentation, in any form, to any other person or entity without prior written consent from ACS.

6. LIABILITY FOR DAMAGES: Regardless of the form of action, ACS’s liability shall not exceed the charges paid by the Customer on a one-time basis for the package(s) supplied to the Customer. ACS will not be liable for any loss of profits, or for any claim or demand against the Customer by any other party and the Customer agrees to exonerate and indemnify ACS from any such claim or demand. No action, regardless of form, arising out of the transactions under this contract may be brought by either party more than one year after the cause of action has accrued, except that an action for non-payment may be brought within one (1) year after the date of last payment.

7. LIMITED WARRANTY: THIS PROGRAM AND ALL INSTRUCTION REFERENCE MATERIAL ARE SOLD “AS IS”, WITHOUT WARRANTY AS TO THEIR PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THIS PROGRAM IS ASSUMED BY YOU. ANY IMPLIED WARRANTIES RELATING TO THE MEDIUM, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO A PERIOD OF NINETY DAYS FROM THE DATE OF PURCHASE. ACS SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHT WHICH VARY FROM STATE TO STATE.

8. LIMITATION OF LIABILITY: THE HEREIN ABOVE-MENTIONED LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

9. This agreement contains the entire understanding between the parties and shall not be modified except by an instrument in writing executed in the same manner as this agreement.

10. If any of the provisions of this agreement are invalid under any applicable Statute or Rule of Law, they are to that extent deemed omitted.

11. THE CUSTOMER’S REMEDIES IN THIS AGREEMENT ARE EXCLUSIVE.

12. This agreement shall be governed by the Laws of the State of Colorado.

13. ACKNOWLEDGMENT. THE CUSTOMER ACKNOWLEDGES THAT HE, SHE, OR IT HAS READ THIS AGREEMENT INCLUDING ALL PERTINENT LANGUAGE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND FURTHER AGREES THAT IT IS COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES, WHICH SUPERSEDES ALL PROPOSALS, ORAL OR WRITTEN, AND ALL COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Applied Computer Services Inc. Timer Pro Floating End User License Agreement

 

CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT PRIOR TO LOADING THE SOFTWARE. LOADING AND REGISTERING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

Applied Computer Services, Inc. is abbreviated herein to ACS. 

If you do not agree to these terms and conditions, delete and/or return the uninstalled software and the other components of this product to the place of purchase along with a letter on your company letterhead signed by an officer indicating that all components have been permanently removed for all equipment.

1. LICENSE:  ACS shall grant and the Customer shall accept a non-transferable and non-exclusive license to use the Timer Pro software program (licensed program) and online training material, all of which are copyrighted. The floating license will be installed onto a single central server. The client software can be installed onto an unlimited number of computers which can access the central server. The number of simultaneous users will be based on the number of simultaneous licenses purchased as acknowledged by Applied Computer Services, Inc.

2. COPYRIGHT: The program and its related documentation are copyrighted.  You may not copy the program or its documentation except for backup purposes and to load the program into the computer as part of executing the program. All other copies of the program and its documentation are in violation of this Agreement.

3 TERM:  This agreement is effective and shall remain in force until terminated by the Customer at any time by deleting and/or returning any media in each package that is to be canceled, along with a signed statement of the Customer’s desire to cease using the package(s), and an acknowledgment that no unauthorized copies exist. Any license may be discontinued by ACS upon six (6) months prior written notice.  Notice of discontinuance of any or all licenses is considered notice of termination of this agreement unless it is specifically stated. THIS AGREEMENT AND ANY OF THE LICENSES, PROGRAMS, OR MATERIAL TO WHICH IT APPLIES MAY NOT BE ASSIGNED, SUB-LICENSED, OR OTHERWISE TRANSFERRED BY THE CUSTOMER WITHOUT PRIOR WRITTEN CONSENT FROM ACS. NO RIGHT TO PRINT OR COPY, IN WHOLE OR IN PART, THE LICENSED PROGRAMS OR OTHER MATERIALS PERTAINING HERETO IS GRANTED EXCEPT AS HEREINAFTER EXPRESSLY PROVIDED.

4. UPDATE POLICY: ACS, from time to time, may make enhancements to existing packages.  These enhancements will be provided free of charge to registered Timer Pro Customers for the first year. On the anniversary date of the purchase, Customers must renew the subscription program at the prevailing fee. Customers in good standing on the subscription program are entitled to all upgrades for the covered period. Should the subscription period expire without renewal, use of the licensed program will be restricted to View and Print modes. No new data or editing of existing data will be allowed.

5. PROTECTION AND SECURITY:  The software, online and written documentation and any other material pertaining thereto and the material contained therein furnished to the Customer are deemed trade secrets and the Customer agrees not to disclose any information pertaining thereto to third parties and to treat this information as a trade secret belonging to ACS. The Customer shall not provide or otherwise make available any licensed program or material pertaining, including but not limited to flow charts, logic diagrams, source code, and documentation, in any form, to any other person or entity without prior written consent from ACS.

6. LIABILITY FOR DAMAGES: Regardless of the form of action, ACS’s liability shall not exceed the charges paid by the Customer on a one time basis for the package(s) supplied to the Customer. ACS will not be liable for any loss of profits, or for any claim or demand against the Customer by any other party and the Customer agrees to exonerate and indemnify ACS from any such claim or demand. No action, regardless of form, arising out of the transactions under this contract may be brought by either party more than one year after the cause of action has accrued, except that an action for non-payment may be brought within one (1) year after the date of last payment.

7. LIMITED WARRANTY: THIS PROGRAM AND ALL INSTRUCTION REFERENCE MATERIAL ARE SOLD “AS IS”, WITHOUT WARRANTY AS TO THEIR PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THIS PROGRAM IS ASSUMED BY YOU. ANY IMPLIED WARRANTIES RELATING TO THE MEDIUM, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO A PERIOD OF NINETY DAYS FROM THE DATE OF PURCHASE. ACS SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHT WHICH VARY FROM STATE TO STATE.  

8. LIMITATION OF LIABILITY:  THE HEREIN ABOVE MENTIONED LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

9. This agreement contains the entire understanding between the parties and shall not be modified except by an instrument in writing executed in the same manner as this agreement.

10. If any of the provisions of this agreement are invalid under any applicable Statute or Rule of Law, they are to that extent deemed omitted.

11. THE CUSTOMER’S REMEDIES IN THIS AGREEMENT ARE EXCLUSIVE.

12.  This agreement shall be governed by the Laws of the State of Colorado.

13. ACKNOWLEDGMENT. THE CUSTOMER ACKNOWLEDGES THAT HE, SHE, OR IT HAS READ THIS AGREEMENT INCLUDING ALL PERTINENT LANGUAGE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND FURTHER AGREES THAT IT IS COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES, WHICH SUPERSEDES ALL PROPOSALS, ORAL OR WRITTEN, AND ALL COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.