Licensing Information

	Licensing Information

Software License Agreement

Important

This is a license agreement, and not an agreement for sale. All of our software is sold subject to this licensing agreement. Do not purchase or install this software until you have carefully read the following Agreement. Purchasing, installing or using the software (or authorizing any other person to do so) indicates your acceptance of the terms and conditions contained in this Agreement. If you do not agree with the terms and conditions of this Agreement, do not purchase our software. If you have already purchased the software and do not agree with the terms and conditions of this agreement then return the software and accompanying items to , 4800 Linglestown Rd., Suite 201, Harrisburg, PA 17112, for a full refund of your purchase price. This agreement sets the terms and conditions for licensing the Software from Inc., (DataTech) to you.

Disk Warranty

The sole warranty regarding the Software and related materials is that the original disks are free from physical defects in material and workmanship, assuming proper use, for a period of ninety (90) days from the date of purchase. If such defect occurs during this period, you may return your faulty disks to ch, and DataTech will replace them free of charge. After 90 days, you may obtain a replacement by sending your defective disk and a check for $15.00 to DataTech.

Your sole and exclusive remedy for any breach of representation or warranty is that DataTech, at its option either (a) will refund your payment for the Software upon your return of the Software and related materials, with a copy of your receipt, or (b) will replace the Software on an exchange basis without charge (except as provided above).

EXCEPT FOR THE EXPRESS WARRANTY OF THE ORIGINAL DISKS SET FORTH ABOVE, THIS SOFTWARE IS PROVIDED "AS IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DATATECH DISCLAIMS ALL OTHER WARRANTIES EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, REGARDING THE SOFTWARE, DISKS, AND RELATED MATERIALS, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILTY, OR THEIR NONINFRINGEMENT. THE LIABILITY OF DATATECH UNDER THE WARRANTY SET FORTH ABOVE SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PRODUCT. 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 90 DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

Certain Limitations

DataTech has no control over your use of the Software. DataTech does not and cannot warrant the results that may be obtained by its use. DataTech does not warrant that the operation of the Software will be uninterrupted or error free. DataTech is not responsible for problems caused by accident, abuse, mishandling, alteration, or improper use. DataTech does not warrant or guarantee the suitability of the Software or that it will meet your requirements.

Limitations of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DATATECH AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF DATATECH OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, DATATECH’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THIS PRODUCT.

The limitations of damages set forth above are fundamental elements of the bases of the Bargain between DataTech and you. DataTech would not be able to provide this product on an economic basis without such limitations.

Miscellaneous

You acknowledge that, in providing you with the Software, DataTech has relied upon your agreement to be bound by the terms of this agreement. You further acknowledge that you have read, understood, and agreed to be bound by terms of this agreement, and hereby reaffirm your acceptance of those terms. You further acknowledge that this Agreement constitutes the complete statement of the Agreement between you and DataTech, and that the Agreement does not include any other prior or contemporaneous promises, representations, or descriptions regarding the Software. This Agreement is not, however to limit any rights that DataTech may have under trade secret, copyright, patent, or other laws that may be available to it. The agents, employees, distributors, and dealers of DataTech are not authorized to make modifications to this agreement, or to make any additional representations, commitments, or warranties binding on DataTech. Accordingly, additional statements such as dealer advertising or presentations, whether oral or written, do not constitute representations or warranties by DataTech and should not be relied upon. This Agreement may be modified only in writing. If any provision of this Agreement is invalid or unenforceable under applicable law, 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 by Pennsylvania law (without reference to choices of law principles), except to copyright and trademark matters, which are covered by Federal laws. This agreement is deemed entered into at Harrisburg, Pennsylvania. This agreement shall be construed as to its fair meaning and not strictly for or against either party.

Copyright

This software is protected by United States Copyright Law. This Software can only be used on a single computer at one time. This means that the Software should be loaded on only one hard drive at a time. If you wish to use this Software on more than one computer, you must either uninstall the Software from the first hard drive when you move the Software to a second hard drive, or else purchase additional copies of the Software. When the Software is used on a network or file server, only one user at a time may use it, and that user must have possession of the original documentation during his or her use.

Government License

If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply:

The Government acknowledges Licensor’s representation that the Software and its documentation were developed at private expense and no part of it is in the public domain.

The Government acknowledges Licensor’s representation that the Software is "restricted Computer Software" as that term is defined in Clause 52.227-19 of the Federal Acquisition Regulations (FAR) and is "Commercial Computer Software" as that term is defined in Subpart 227.401 of the Defense Federal Acquisition Regulation Supplement (DFARS). The Government agrees:

if the Software is supplied to the Department of Defense (DoD), the Software is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" to the Software and its documentation as that term is defined in Clause 52.227-7013 ( c ) ( 1 ) of the DFARS, and
if the Software is supplied to any unit or agency of the United States Government other than DoD, the Government’s rights to the Software and its documentation will be defined in Clause 52.227-19 ( c ) (2) of the FAR.

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