NOTICE PLEASE READ THIS LEGAL AGREEMENT ("AGREEMENT") CAREFULLY AS IT SPECIFIES YOUR RIGHTS AND OUR OBLIGATIONS. BY CLICKING “ACCEPT” YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT SPECIFIES YOU “DO NOT ACCEPT” THE TERMS OF THIS AGREEMENT.
1. License Grant. Subject to the payment of the applicable license fees, and subject to the terms and conditions of this Agreement, Foresight Science & Technology Incorporated hereby grants to you a non-exclusive, non-transferable right to use this material, including any templates, tutorial, or training, (the "Documentation") and/or any tools, software, data, links, or other material (the “Material”) on one computer only for a single use license or in one site, that is physical location with a definable street or other address, for a site license. All rights not expressly set forth hereunder are reserved by Foresight Science & Technology Incorporated.
2. Term. This license grant is for a period of ONE YEAR unless terminated as set forth below.
3. Ownership Rights. This material is protected by United States copyright laws and international treaty provisions. Foresight Science & Technology Incorporated retains all right, title and interest in and to the Documentation and Material, including any and all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein.
4. Resale, Sublicensing, or Any Other Use Not Allowed. You may not rent, lease, loan, sublicense, resell or in any other way allow or permit a third party to benefit from the use from any functionality of this Documentation or Material. You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, rewrite, copy or do anything else with this Documentation and/or Material except to the extent the foregoing restriction is expressly prohibited by applicable law. This includes modifying it or creating derivative works based upon it in whole or in part. You may not remove any proprietary notices or labels on the Documentation or Material. All copies must contain the same proprietary notices that appear on and in the Software.
5. Warranty and Disclaimer.
a. There is no warranty of any sort on this Documentation and Material. By clicking “ACCEPT” you acknowledge that you bear all risk associated with use of the material. Foresight Science & Technology Incorporated makes no claim as to the accuracy of material beyond the fact that we believe it was accurate at the time of its creation and used due diligence to ensure that it was. However you, the user, acknowledge that you are aware laws, regulations, searching methods, data, and all the other content of this Documentation may change over time and the equivalent is true of all Materials and thus any reliance you place upon our Documentation and Material is done in full realization that such reliance may be foolish and any critical fact, advice, etc. should be independently confirmed for accuracy and/or advisability and reasonableness. You further acknowledge that you are aware that as computer and software technology changes the loading, appearance, and operation of Documentation and Materials may vary and accept that Foresight Science & Technology Incorporate makes no claim that this Documentation and/or Material will run, load, or otherwise operate correctly on any specific computer or other platform.
b. Remedies. Foresight Science & Technology's and its franchisees', resellers, and other vendors’ entire liability and your exclusive remedy for any breach of the foregoing warranty shall be, at Foresight Science & Technology's option, either (i) return of the purchase price paid for the license, if any, or (ii) partial refund based on the percentage of the allocable Documentation and Materials licensed. You must provide us with a copy of your receipt to receive a refund. Total refunds result in termination of the license. No remedy will be provided if the defect has resulted in any way from abuse or misapplication or other actions on your part or is due to use of a non-Microsoft operating system and software environment.
c. Warranty Disclaimer. Except for the limited warranty set forth herein, THE DOCUMENTATION AND MATERIAL IS PROVIDED "AS IS". FORESIGHT SCIENCE & TECHNOLOGY INCORPORATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT WITH RESPECT TO THE DOCUMENTATION AND MATERIAL. YOU ASSUME FULL RESPONSIBILITY FOR SELECTING THIS DOCUMENTATION AND MATERIAL TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE ACCESS TO, INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM IT. WITHOUT LIMITING THE FOREGOING PROVISIONS, FORESIGHT SCIENCE & TECHNOLOGY CAUTIONS THAT THE DOCUMENTATION AND MATERIAL MAY HAVE ERRORS OR OMISSIONS. FORESIGHT SCIENCE & TECHNOLOGY INCORPORATED MAKES NO WARRANTY THAT THE DOCUMENTATION AND MATERIAL WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE DOCUMENTATION OR MATERIAL WILL MEET YOUR REQUIREMENTS. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
6. Limitation of Liability. FORESIGHT SCIENCE & TECHNOLOGY INCOPORATED SHALL NOT, UNDER ANY CIRCUMSTANCES AND UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. FORESIGHT SCIENCE & TECHNOLOGY INCORPORATED WILL IN NO EVENT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE PRICE YOU PAID FOR THIS LICENSE, EVEN IF FORESIGHT SCIENCE AND TECHNOLOGY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
7. Jurisdiction. This Agreement is governed by the laws of the United States and the State of Rhode Island, without reference to conflict of laws principles, and the parties agree that the sole location and venue for any litigation which may arise hereunder shall be Providence, RI. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
8. Modification of this Agreement. This Agreement sets forth all and any rights you may have and is the entire agreement between the parties. This Agreement supersedes any other communications with respect to the Documentation and Materials. This Agreement may not be modified except though a written agreement between you and Foresight Science & Technology Incorporated and signed by Foresight Science & Technology. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by Foresight Science & Technology Incorporated. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The parties agree and confirm that it is their wish that this Agreement has been written in the English language only.
9. The Documentation and/or Materials are provided with Restricted Rights. Use, duplication, or disclosure by the U.S. 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 the Commercial Computer Software - Restricted Rights 48 CFR 52.227-19, as applicable. Any and all rights which may be claimed under Federal, State, and/or foreign law to protect our rights as the originators, developers, and licensors of this intellectual property are hereby asserted. Any and all rights which may be claimed under Federal, State, and/or foreign law to limit our liability as the originators, developers, and licensors of this intellectual property also are hereby asserted.
10. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must destroy all copies of the Documentation and Materials. You may terminate this Agreement at any point by destroying all copies of the Documentation and Materials, destroying any and all copies of any work product created with its use, and any and all copies of access names and passwords and notifying Foresight Science & Technology Incorporated of these facts. Unilateral termination by you without cause as permitted and specified in this Agreement does not entitle you to any refund or payment or other consideration from Foresight.
© 2006, Foresight Science & Technology Incorporated