Free Demo Download End User License Agreement
Applied Computer Services Inc. Timer Pro Free Downloads End User License Agreement
CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT PRIOR TO LOADING THE SOFTWARE. LOADING 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 the installed software and the other components of this product.
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.
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 each package that is to be canceled. 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. 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.
5. 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.
6. LIMITED WARRANTY: THIS PROGRAM AND ALL INSTRUCTION REFERENCE MATERIAL ARE PROVIDED “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. 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.
7. 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.
8. 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.
9. 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.
10. THE CUSTOMER’S REMEDIES IN THIS AGREEMENT ARE EXCLUSIVE.
11. This agreement shall be governed by the Laws of the State of Colorado.
12. 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.