The MasterLink Software License Agreement |
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By operating The Auto Shop Writer, you are working under a license granted by MasterLink Software. By operating the software, you accept the following terms and conditions of the license without modification:
GRANT OF LICENSE: MasterLink Software hereby grants to you, and you accept, a license to use the Software and related materials specified herein. You agree that you will not transfer, or sublicense, your rights under this agreement, and that MasterLink Software reserves the right to sell or give license to use this software and related materials to other persons or firms. You do not become the owner of, and MasterLink retains title to, all the Software, Software copies and related materials except the data files contained within your shop records. In addition, you agree to use reasonable efforts to protect the Software from unauthorized use, reproduction, distribution, or publication. The software is licensed to the original owner of the shop at the time it is first installed. The software does not automatically transfer with the sale of the business to another owner. A written request for transfer must be made to MasterLink Software within 60 days of the final sale of the business, and the license may be reissued at the sole discretion of MasterLink Software, and only if the business is using the most current version of Auto Shop Writer at the time of the request. A transfer fee will be charged for processing the request.
PERMITTED USES: You may load into RAM and use the software on a single computer system, at one location, of the licensee's business. You may install the software onto the same system's permanent storage device. You may make backup copies onto a tape system for archival purposes only. All rights not specifically granted in this license are reserved by MasterLink Software.
USES NOT PERMITTED: You may not make copies of the software and materials except as permitted above. You may not rent, lease, sublicense, time-share, lend, or transfer the software, software copies, related materials, or your rights under this license except that transfers may be made within 6 months of purchase, with MasterLink's prior written authorization. In addition, you may not alter, decompile, disass emble, or reverse-engineer the software, or make any attempt to unlock, or bypass, the initialization system used on the initialized diskettes. You may not remove or obscure the MasterLink copyright and trademark notices.
COPYRIGHT PROTECTION: The software and related materials are covered by all copyright protection provided by law. Release of the software and related materials, or any of its elements, or permitting access to the software and related materials for any purpose related to the development of similar, or equivalent, software shall revoke the licenssee's rights, and shall make them a party to any legal action necessary for copyright infringement. MasterLink Software retains all rights to the software and its related materials, including source code, documentation, program organization, original ideas, visual display, and scope.
DURATION: This agreement is effective from the day you load the software on to your computer, and begin using the programs contained therein. A license continuesfor ten(10) years from that date. If you breach this agreement, MasterLinkSoftware can terminate this license upon notifying you in writing. You will be required to return all software, software copies, and related materials.
WARRANTY: MasterLink Software shall warrant the following:- For ninety (90) days from original shipment, any physical defect in the software diskettes, or printed materials. MasterLink Software will replace the defective diskettes or printed material.- For a period of one hundred eighty (180) days from the receipt of software, MasterLink Software warrants the software to be free of significant errors which make it unusable as stated by the software manual EXCEPT for modifications and enhancements included with periodic updates which may alter the method of operation as stated in the manual. This warranty does not cover material that has been lost, stolen, or damaged by accident, misuse, or unauthorized modification. MASTERLINK SOFTWARE MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, TO YOU,OR ANY OTHER PERSON OR ENTITY. SPECIFICALLY WE MAKE NO WARRANTY THAT THE SOFTWARE IS FIT FOR ANY PARTICULAR PURPOSE. ANY IMPLIED WARRANTY OF MERCHANTABILITY IS LIMITED TO THE FIRST 30 DAY DURATION OF THIS LIMITED WARRANTY, AND IS OTHERWISE EXPRESSLY AND SPECIFICALLY DISCLAIMED.MASTERLINK SOFTWARE WILL NOT BE LIABLE FOR SPECIAL, INCIDENTAL,CONSEQUENTIAL,INDIRECT OR OTHER SIMILAR DAMAGES, EVEN IF WE OR OUR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This means we are not responsible orliable for damages or costs incurred as a result of loss of time, loss of data, loss of profits, or revenue, or loss of use of the software. In addition, we are not responsible or liable for damages, or costs incurred in connection with obtaining substitute software, claims by others, inconvenience, or similar costs.
IN NO EVENT WILL OUR LIABILITY FOR ANY DAMAGES TO YOU, OR ANY OTHER PERSON, EVER EXCEED THE AMOUNT RECEIVED BY MASTERLINK SOFTWARE FOR THE LICENSE TO USE THE SOFWARE, REGARDLESS OF ANY FORM OF THE CLAIM.
SOURCE CODE: Source code is the sole proprietary property of MasterLink Software and is not available to the licensee, or its agents, under any circumstances. MasterLink Software shall provide for aceess to the source code by agents of its choosing should MasterLink Software cease to function.
GENERAL: This license agreement represents our entire understanding and agreement regarding the license of software, software copies, and related materials, and supersedes any prior purchase order, communication, advertising, representations, or agreement. This license may only be modified in a written amendment signed by anauthorized MasterLink officer. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, it shall be deemed severable from, and shall in no way affect the validity, or enforceability of the remaining provisions of this agreement.
The agreement will be governed in whole, and part, by the laws of the State of California. Any dispute regarding the contents of this agreement, the software, or related materials, shall be resolved only in the County of Orange, State of California.
STATE LAW RIGHTS: This warranty gives you specific legal rights. You may have other rights which vary from state to state.
AGENCY/REPRESENTATION: You may be purchasing your software license from an independent reseller.These companies are not agents, independent contractors, or representatives of MasterLink Software, nor may they make any representations which are binding upon MasterLink Software. Your purchase of hardwared and/or this license froma reseller is a transaction between your company and the reseller, and MasterLink Software is neither a party to the sale, nor liable for any errors, omissions, disatisfactions, or disagreements about the terms, conditions, suitability, or other factors related to the sale.License Agreement |