PEERForecaster™ FREE Trial License Agreement!
DELPHUS, INC. END USER LICENSE AGREEMENT THE SOFTWARE PROGRAM COVERED BY THIS AGREEMENT IS LICENSED, NOT SOLD, TO YOU FOR USE ONLY UNDER THE TERMS OF THIS AGREEMENT. DELPHUS, INC. RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN. This is a legal agreement between you, the end user, and DELPHUS, Inc. BY SELECTING "ACCEPT", YOU AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree with the terms and conditions of this agreement, select "CANCEL" and do not use the software. DELPHUS Software License 1. Grant of License. This DELPHUS, Inc., LICENSE AGREEMENT ("License") permits you to use one copy of the enclosed DELPHUS, Inc. software program ("SOFTWARE") on a single computer provided the SOFTWARE is in use on only one computer at a time. The SOFTWARE is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. If the Software is permanently installed on the hard disk or other storage device of a computer (other than a network server) and one person uses that computer more than 80% of the time it is in use, then that person may also use the SOFTWARE on a portable or home computer. NETWORK SERVER LICENSE. If you have purchased a Network Server License, you may install the SOFTWARE on a single network server and run the SOFTWARE from this location on as many computers as you have seat licenses. Each authorized user on the network must be allocated a license. Each seat must be assigned to an individual user and other users may not use that seat unless they are authorized users. This license specifically excludes concurrent use. 2. Copyright. The SOFTWARE is owned by DELPHUS, Inc. and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording) EXCEPT that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE. 3. Other Restrictions. You may not rent or lease the SOFTWARE. You may not reverse engineer, decompile, or dissemble the SOFTWARE. Limited Warranty DELPHUS, Inc. warrants that the SOFTWARE will perform substantially in accordance with the on-line help for a period of 90 days from the date of receipt. Implied warranties, if any, on the SOFTWARE are limited to 90 days. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. CUSTOMER REMEDIES. DELPHUS, Inc.' entire liability and your exclusive remedy shall be the repair or replacement of the SOFTWARE at DELPHUS, Inc.'s option. You must return the SOFTWARE to DELPHUS, Inc. with a copy of your receipt. The Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, misapplication or other use not intended by the documentation. Any replacement of SOFTWARE will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. NO OTHER WARRANTIES. DELPHUS, Inc. DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE TO STATE. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL DELPHUS, INC. OR THEIR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS DELPHUS, INC. PRODUCT, EVEN IF DELPHUS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. United States Government Restricted Rights The SOFTWARE is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(i)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013. Contractor/Manufacturer is DELPHUS, Inc./152 Speedwell Avenue, Morristown, NJ 07960 This Agreement is governed by the laws of the State of New Jersey. Should you have any questions concerning this agreement, or if you wish to contact DELPHUS, Inc. for any reason, please write: DELPHUS, Inc./152 Speedwell Avenue, Morristown, NJ 07960; Call (800) 335.7487 (U.S.) , 973.267.9269; www.DELPHUS.com. DELPHUS, Inc., 2/29/08
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