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License Agreement
Below you will find the license agreement for installing the FS Pro software.
If you wish to download a hard copy of the Formatting Solutions Shrink-Wrap License Agreement in Adobe® PDF format, please click here.
Information Mapping Formatting Solutions Shrink-Wrap License Agreement
Note: IF YOU HAVE PURCHASED THE CD VERSION OF FORMATTING SOLUTIONS PRO YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE OPENING THE PACKAGE. OPENING THIS PACKAGE MEANS YOU ACCEPT THESE TERMS AND CONDITIONS AND UNDERSTAND THAT THEY WILL BE LEGALLY BINDING ON YOU, ANY END USER, AND THE COMPANY. IF YOU DO NOT AGREE WITH THEM, OR DO NOT WANT THEM TO BE BINDING ON YOU, YOU SHOULD PROMPTLY RETURN THE PACKAGE UNOPENED FOR A FULL REFUND.
Agreement
This is a legal agreement between you (either an individual or an entity), the end user (Licensee), and Information Mapping, Inc. If you do not agree to the terms of this Agreement, promptly return the disks package and the accompanying items (including written materials and binders or other containers) to Information Mapping for a full refund.
Grant of license
It is hereby understood and agreed that Information Mapping is the owner of all right title and interest to the Software (SOFTWARE) recorded on the enclosed disk/CD-ROM and all subsequent copies thereof, regardless of the media or form in which the original disk or copies may exist. You, as licensee (Licensee) through your purchase of this software do not acquire any ownership rights to the SOFTWARE. This Shrink-Wrap License Agreement ("License") permits you to use one copy of a specific version of the SOFTWARE on any single computer, provided the SOFTWARE is in use on only one computer at any time.
If you have multiple Licenses for the SOFTWARE, then at any time you may have as many copies of the SOFTWARE in use as you have Licenses. 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, except that a copy installed on a computer network file server or over the Internet distributing to computers is not "in use" and would be a breach of the contract by you.
If the anticipated number of users of the SOFTWARE will exceed the number of applicable Licenses, then you must have a reasonable mechanism or process in place to assure that the number of persons using the SOFTWARE concurrently does not exceed the number of Licenses.
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.
The license is effective until terminated. Licensee may terminate it at any time by destroying the Program together with all copies thereof.
This license will terminate upon conditions set forth elsewhere within this Agreement or if Licensee fails to comply with any term or condition of this Agreement. In such event, no notice shall be required by Licensor to effect such termination.
Upon termination of this agreement, Licensee agrees to destroy the SOFTWARE together with all backup copies, modifications, printed or written materials, and merged portions in any form, or return same to Licensor at Licensee's expense.
Copyright
The SOFTWARE is owned by Information Mapping or its suppliers and is protected by United States copyright law 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.
Other restrictions
The Information Mapping Software License Agreement is your proof of license to exercise the rights granted herein and must be retained by you.
You may not
• rent or lease the SOFTWARE, but you may transfer your rights under this Agreement on a permanent basis provided you transfer this License Agreement, The SOFTWARE, and all accompanying written materials and retain no copies, and the recipient agrees to the terms of this Agreement.
• reverse engineer, de-compile, disassemble, prepare derivative works or duplicate the functionality of the SOFTWARE.
Any transfer of the SOFTWARE must include the most recent update and all prior versions.
Multiple media software
If the SOFTWARE contained 3.5-inch, 5.25-inch and or CD-ROM disk(s), then you may use only the disks appropriate for your single designated computer or network server. Your may not use the other disk on another computer or computer network, or loan, rent, lease, or transfer them to another user except as part of a transfer or other use as expressly permitted by this Agreement.
Limited warranty
Information Mapping warrants the disks on which the SOFTWARE is furnished to be free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date of delivery to Licensee, as evidenced by your receipt.
Licensee shall assume responsibility for the selection of the SOFTWARE and for the installation, use, and results obtained from the SOFTWARE.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INFORMATION MAPPING DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. The entire risk as to the quality and performance of the SOFTWARE is with you. Should the SOFTWARE prove defective, you (and not Information Mapping) assume the entire cost of all necessary servicing, repair, or correction.
Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
Customer remedies
Information Mapping, its Distributors, Sub-distributors, agents and representatives entire liability and Licensee's exclusive remedy regarding the SOFTWARE shall be at Information Mapping's option, either
1. The replacement of any CD-ROM, diskette, or cassette not meeting Licensor's "Limited Warranty" above and that is returned to Licensor with proof of purchase; or
2. If Information Mapping is unable to deliver a replacement copy that is free of defects in materials or workmanship, Licensee may terminate this Agreement by returning the product and SOFTWARE for a full refund of the purchase price.
Outside of the United States, neither these remedies nor any product support services offered by Information Mapping are available without proof of purchase from an authorized non-U.S. source.
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No other warranties
To the maximum extent permitted by law, Information Mapping, its Distributors, Sub-distributors, agents and representatives 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, the accompanying written materials. This Limited Warranty gives you specific legal rights.
No liability for consequential damages
To the maximum extent permitted by law, in no event shall Information Mapping or its suppliers, Distributors, Sub-distributors, agents or representatives be liable for any damages whatsoever (including, without limitation, consequential or incidental damages, damages from the 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 Information Mapping SOFTWARE even if Information Mapping has been advised of the possibility of such damages.
U.S. Government restrictive rights
The SOFTWARE and Documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in
• subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or
• subparagraphs (c)(1) and (2) of Commercial Computer Software -- Restricted Rights at 48 CFR 52.227-19, as applicable.
The manufacturer is Information Mapping / 271 Waverley Oaks Road / Waltham, MA 02452.
Contact This Agreement and the Limited Warranty shall be governed by the laws of the Commonwealth of Massachusetts. All disputes hereunder shall be resolved in the applicable state or federal courts of the Commonwealth of Massachusetts. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.
Should you have any question concerning this Agreement, or if you desire to contact Information Mapping for any reason, contact
Information Mapping, Inc.
Client Services
307 Waverley Oaks Road
Waltham, MA 02452
1-800-INFOMAP (463-6627) ext. 3165
support@infomap.com
LICENSEE HEREBY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
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