END-USER LICENSE AGREEMENT FOR ALTAPOINT SOFTWARE
Thank you for purchasing AltaPoint Software.
Carefully read the following license agreement before using this software product.
This agreement (this "Agreement") is a legal agreement between you and AltaPoint Data Systems, L.L.C. ("AltaPoint"). Use or retention of this software product (this "Product") constitutes your acceptance of the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly return the product (including written materials and packaging) within 30 days from the date of purchase to AltaPoint for a refund of the purchase price.
1. LICENSE. AltaPoint grants you a non-exclusive, non-transferable license to use the Product on a single computer or a single network for network versions of the Product. Other than making one copy of the Product for archive or back-up purposes, copying the software is prohibited. You may not translate, reverse engineer, decompile or disassemble the Product. You may not rent or lease the Product. You may not make the Product available to third parties over a network or the Internet. You may not copy the accompanying printed materials.
2. COPYRIGHT. The Product is protected by United States copyright laws and international treaty provisions. Copyright and all other rights in the Product shall remain with AltaPoint and its suppliers. This Product is licensed to you, not sold, and no title or interest to or in the Product is transferred to you.
3. LIMITED WARRANTY. AltaPoint warrants that the Product will perform substantially in accordance with the accompanying written materials for the period of thirty (30) days from the date of purchase.
4. CUSTOMER REMEDIES. AltaPoint's entire liability and your entire remedy shall be (1) the return of the original purchase price of the Product or (2) at AltaPoint's option, replacement of the Product.
5. NO OTHER WARRANTIES. ALTAPOINT DOES NOT WARRANT THAT THE PRODUCT IS ERROR FREE. EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS LICENSED "AS IS" AND WITH ALL FAULTS, AND ALTAPOINT DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE PRODUCT AND ITS ACCOMPANYING MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM JURISDICTION TO JURISDICTION.
6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL ALTAPOINT OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND (including, without limitation, damages for loss of business profits, business interruption, loss of business information, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE PRODUCT, EVEN IF ALTAPOINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ALTAPOINT'S LIABILITY EXCEED THE ORIGINAL PURCHASE PRICE OF THE PRODUCT, IF ANY.
7. U.S. GOVERNMENT RESTRICTED RIGHTS. If Customer is acquiring the Software, including accompanying documentation, on behalf of the U.S. Government, the following provisions apply. If the Software is supplied to the Department of Defense ("DOD"), the Software is subject to "Restricted Rights", as that term is defined in the DOD Supplement to the Federal Acquisition Regulations ("DFAR") in paragraph 252.227-7013(c)(1). If the Software is supplied to any unit or agency of the United States Government other than DOD, the Government's rights in the Software will be as defined in paragraph 52.227-19(c)(2) of the Federal Acquisition Regulations ("FAR"). Use, duplication, reproduction or disclosure by the Government is subject to such restrictions or successor provisions. Contractor/Manufacturer is: AltaPoint Data Systems, L.L.C.
8. TERMINATION. Without prejudice to any other rights, AltaPoint may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must delete or destroy all copies of the Product and all of its component parts. AltaPoint reserves the right to disable the Product following any termination of this Agreement.
9. ENTIRE AGREEMENT. This is the entire Agreement between you and AltaPoint regarding the subject matter of this Agreement and supersedes any other agreement or discussion. This agreement may only be modified by a written agreement signed by you and AltaPoint.
10. GOVERNING LAW. This agreement shall be interpreted and governed by the laws of the state of Utah.
11. FORUM SELECTION. The Parties agree that any action or proceeding arising under or relating to this License Agreement, shall be in the United States District Court for the District of Utah or in the Third Judicial District Court for Salt Lake County, State of Utah, and not in any other court or jurisdiction. Both parties hereby consent and agree that they are subject to personal jurisdiction by those Utah courts for any such disputes.