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Software License Agreement

Do not use the Acorden Software until you have carefully read the following Agreement. This Agreement sets forth the terms and conditions for licensing of the Software from Acorden to you, and installing the Acorden Software indicates that you have read and understand this Agreement and accept its terms and conditions.  If you do not agree with the terms and conditions of this Agreement, do not use the Software.

LICENSE AND CERTAIN RESTRICTIONS

This Software product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This Software product is licensed, not sold.  

1. License Grant for Software

You are granted a limited non-exclusive license to use a copy of the enclosed Software. You may make one backup copy of the Software for your own use. You may transfer your rights in the Software to a third party, or sell the computer on which the Software is installed to a third party, provided you transfer the software in its entirety and do not keep a copy of the Software for yourself. 

2. Server and Client Software

The Acorden SourceXT Software consists of two major components: server software (SERVER), and one or more implementations of client software (CLIENT). You may install one copy of the SERVER on one computer in your organization.  You may install the Client on multiple computers of a user.  SourceXT is licensed per user for its ability to access the SERVER from the CLIENT.  Each end user must have a license. The total number of users allowed to access a SERVER may not exceed the total number of licenses purchased for the SERVER. 

3. License Grant for Trial Software

You are granted a limited non-exclusive license to use a copy of the enclosed trial software for 30 days after you install the trial software on a computer.  Thereafter, you may purchase the right to use the full version of the software which license terms are specified herein, by contacting Acorden or your retailer. You may not copy the printed materials or user documentation accompanying the trial software if any.  By your use of the trial software you understand and agree that after 30 days, you may not be able to continue to access and / or use the trial software or any data you have entered into such trial software unless you purchase the right to use the full version of the trial software.

4. Restrictions

You may not make additional copies of the Acorden Software, and enabling others to use your registration code(s) or serial numbers, if any, is strictly prohibited. It is also prohibited to: (a) give copies to another person who has not purchased a license for the Software from Acorden; (b) to install the Software on computers used by individuals who have not purchased the appropriate licenses for the Software from Acorden; or (c) to duplicate the Acorden Software by other means including electronic transmission.  You may not copy the printed materials or user documentation accompanying the Acorden Software, if any. The Acorden Software in its entirety is protected by copyright laws. The Acorden Software also contains the trade secrets of Acorden and third parties, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Acorden Software to human perceivable form or disclose such trade secrets. You may not modify, adapt, translate, rent, sublicense, assign, loan, resell for profit, distribute, or network the Acorden Software, disk(s), or related materials or create derivative works based upon the Acorden Software or any part thereof.  Acorden shall have the right to change or add to the terms of the Agreement at any time and to change, discontinue or impose conditions on any aspect of the Acorden Software.  Such changes shall be effective upon notification by any means reasonable to give you actual or constructive notice or upon posting such terms in the Acorden Software.

INTELLECTUAL PROPERTY RIGHTS

The Software is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used.  The intellectual property rights in the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned by Acorden or its suppliers. Intellectual property rights to the content that is not contained in the Software, but may be accessed through use of the Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.  This Agreement does not grant you any intellectual property rights in the Software.  All rights not specifically granted under this EULA are reserved by Acorden and its suppliers.

TERMINATION

This Agreement may be terminated by Acorden immediately and without notice if you fail to comply with any term or condition of this Agreement.  Upon such termination, you must immediately destroy all complete and partial copies of the Acorden Software, including all backup copies.  From time to time, Acorden may change the terms and conditions of this Agreement.  Acorden will notify you of any such change.  Your continued use of the Acorden Software will indicate your agreement to the change.

MICROSOFT LICENSE AGREEMENT

SourceXT provides access to Microsoft Visual SourceSafe (VSS) databases.  You must be a licensed user of Visual SourceSafe to use SourceXT to access files in VSS database.  Please contact Microsoft for obtaining user license of VSS and refer to the End User License Agreement of Microsoft Visual SourceSafe for term details.

DISCLAIMER OF WARRANTIES

Except as provided above, the Acorden software, content, and/or and any related services are provided "as-is," and to the maximum extent permitted by applicable law, Acorden and its subsidiaries, affiliates, licensors, participating financial institutions, third-party content or service providers, distributors, dealers or suppliers disclaim all other representations and warranties, express or implied, regarding the Acorden software, disk(s), related materials and any services, including their fitness for a particular purpose, their quality, their merchantability, or their noninfringement.  Acorden does not warrant that the Acorden software is secure, or is free from bugs, viruses, errors, or other program limitations, including but not limited to accurate or updated third-party content, nor does Acorden warrant access to the internet or to any other service through the Acorden software. You acknowledge and agree that you must: (a) provide your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and a modem.  Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.  In that event, any implied warranties are limited in duration to sixty (60) days from the date of purchase of the license for the software. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

LIMITATION OF LIABILITY AND DAMAGES

To the maximum extent permitted by applicable law, in no event shall Acorden or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software product or the provision of or failure to provide support services, even if Acorden has been advised of the possibility of such damages. In any case, Acorden’s entire liability under any provision of this Agreement shall be limited to five United States dollars (U.S $5.00).  Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

U.S. GOVERNMENT

The Software product and documentation provided to the U.S. Government are with the commercial license rights and restrictions described elsewhere herein.  Restricted rights as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988) may enforce, as applicable.

EXPORT RESTRICTIONS

You acknowledge that the Acorden Software is subject to restrictions and controls imposed by the U.S. Export Administration Act and the Export Administration Regulations ("the Acts").  You agree to comply with all applicable international and national laws that apply to the Software, including the Acts, and the Software will not be used for any purpose prohibited by the Acts.

GENERAL PROVISIONS

This Agreement sets forth Acorden's and its Representatives' entire liability and your exclusive remedy with respect to the Acorden Software. You acknowledge that this Agreement is a complete statement of the agreement between you and Acorden, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions regarding the Acorden Software or any related services. This Agreement does not limit any rights that Acorden may have under trade secret, copyright, patent, trademark or other laws. The Representatives of Acorden are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Acorden, other than in writing signed by an officer of Acorden. Accordingly, such additional statements are not binding on Acorden and you should not rely upon such statements. If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed laws of the State of Washington, except as to copyright and trademark matters, which are covered by federal laws.

SourceXT(TM) is a trademark of Acorden Software LLC, Windows(R) and Visual SourceSafe(TM) are trademarks of Microsoft Corporation.