This Software License Agreement (“License”) is made by and between CREATIVE INFORMATION SYSTEMS, INC, a New Hampshire corporation, with offices located at 27 Lowell Street, Suite 402, Manchester, NH 03101 USA (“CIS”) and the original purchaser of the Software, as identified below (“Licensee”).
Grant of License
CIS hereby grants to Licensee, the limited rights to possess and use the CIS’ Software Items listed below (“Software”), on the terms and conditions specifically set forth in this License.
This License is effective upon CIS’ receipt of full payment for the Software, and shall continue in effect 1) until Licensee ceases all use of the Software and either returns to CIS or destroys all copies thereof, or 2) until this License is automatically terminated upon the failure of Licensee to comply with any of the terms of this License. NOTICE: CIS reserves the right to deactivate the Software in the event full payment is not received by CIS in accordance with the terms and conditions of the CIS Purchase Agreement.
– You are purchasing a license to use the Software. The Software is owned by and remains the property of CIS and/or its Licensers, is protected by international copyrights, and is transferred to the Licensee and any subsequent owner of the Software media for their use only.
– Licensee agrees that the Software will be used solely for Licensee’s internal purposes. If the Software is installed on a networked system, or on a computer connected to a file server or other system that physically allows shared access to the Software, Licensee agrees to provide technical or procedural methods to prevent use of the Software by more than the number of users specified below or as authorized in writing.
– One machine-readable copy of the Software may be made for BACK-UP PURPOSES ONLY. The backup copy shall display all proprietary notices, and be labeled externally to show that it is the property of CIS and that its use is subject to this License. Documentation in whole or part may not be copied.
– Except as expressly provided in this License, Licensee may not use, copy, disseminate, modify, distribute, sub-license, sell, rent, lease, lend, give or in any other way transfer to any third-party, by any means or in any medium, including telecommunications, the Software. Licensee will use its best efforts and take all reasonable steps to protect the Software from unauthorized use, copying or dissemination, and will maintain all proprietary notices intact.
CIS warrants the Software media to be free of defects in workmanship for a period of ninety (90) days from purchase. During this period CIS will replace at no cost any such media returned to CIS, postage prepaid. This service is CIS’ sole liability under this warranty.
LICENSE FEES FOR THE SOFTWARE DO NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION OF RISK BY CIS, AND CIS DISCLAIMS ANY AND ALL LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR OPERATION OR INABILITY TO USE THE SOFTWARE, OR ARISING FROM THE NEGLIGENCE OF CIS OR ITS EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS OR DEALERS, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES FURTHERMORE, LICENSEE INDEMNIFIES AND AGREES TO HOLD CIS HARMLESS FROM SUCH CLAIMS. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE LICENSEE. THE WARRANTIES EXPRESSED IN THIS LICENSE ARE THE ONLY WARRANTIES MADE BY CIS, AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.
THIS WARRANTY GIVES YOU SPECIFIED LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
This License is the complete and exclusive statement of the parties’ agreement. Should any provision of this License be held to be invalid by any court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remainder of the License shall nonetheless remain in full force and effect. This License shall be controlled by the laws of the State of New Hampshire and the United States of America, as applicable.This License is the complete and exclusive statement of the parties’ agreement. Should any provision of this License be held to be invalid by any court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remainder of the License shall nonetheless remain in full force and effect. This License shall be controlled by the laws of the State of New Hampshire and the United States of America, as applicable.
Questions or concerns regarding this License Agreement may be submitted by email to email@example.com; or by mail, Attn: Creative Information Systems, 27 Lowell Street, Suite 402, Manchester, NH 03101 USA
THIS AGREEMENT WAS LAST UPDATED: January 27, 2016