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A copy of this
agreement can be downloaded
here.
ISIS ® 7.0
LICENSE AGREEMENT AND WARRANTY
DISCLAIMER
INTERNET SUBMISSION INSURANCE
SYSTEM, INC.
ISIS ® ENTERPRISE 7.0 IS NEITHER
SHAREWARE NOR FREEWARE.
REDISTRIBUTION IS EXPRESSLY
PROHIBITED.
IMPORTANT -- READ CAREFULLY:
This End-User License
Agreement ("EULA") is a
legal agreement between you
(either an individual person or
a single legal entity, who will
be referred to in this EULA as
"You" and "Your") and Internet
Submission Insurance System,
Inc. (“ISIS”) for the ISIS
software product that
accompanies this EULA, including
any associated media, printed
materials and electronic
documentation (the "Software").
The Software also includes any
software updates, add-on
components, web services and/or
supplements that ISIS may
provide to You or make available
to You after the date You obtain
Your initial copy of the
Software to the extent that such
items are not accompanied by a
separate license agreement or
terms of use. By clicking the “I
Accept” button or installing,
copying, downloading, accessing
or otherwise using the Software,
You agree to be bound by the
terms of this EULA. If You do
not agree to the terms of this
EULA, click the “I Do Not
Accept” button, and do not
install, access or use the
Software; instead, You should
return it to ISIS, Inc. for a
full refund.
1. GRANT OF LICENSE
ISIS grants You a non-exclusive,
non-transferable license to use
one copy of the Software on a
single standalone computer under
Your control for the sole
purpose of using ("ISIS") for
distribution over a Local area
network, including the internet.
You may make only one copy of
the Software for backup
purposes. The same copyright and
proprietary notices of the
original Software must appear on
the backup copy. You may not
remove these notices from either
the original Software or backup
copy.
If the Software contains
documentation that is provided
only in electronic form, You may
print one copy of such
electronic documentation. You
may not copy the printed
materials accompanying the
Software.
2. LIMITATIONS
You are expressly prohibited
from sublicensing, selling,
transferring, renting, leasing
or otherwise distributing copies
of the Software or rights to use
the Software. You may not use
the Software for any use
prohibited by law.
You may not disassemble, modify,
reverse-engineer, adapt,
decompile, translate or create
derivative works based upon the
Software or any part thereof.
Except as expressly permitted in
this Agreement, You may not
separate any parts of the
Software for use on more than
one computer.
You may not create obscene,
scandalous or infringing works,
as defined by any applicable
federal, state or local law at
the time the work is created,
using the Software.
This Agreement does not
automatically grant You any
right to any enhancements or
updates to the Software.
3. COPYRIGHT
title and intellectual property
rights in and to the Software
are owned by ISIS or its
licensors. The Software is
protected by the copyright laws
of the United States and
international copyright
treaties. All title and
intellectual property rights in
and to the content accessed
through the Software, including
any sample content contained in
the Software, is the property of
the applicable content owner and
may be protected by applicable
copyright or other laws. THIS
LICENSE DOES NOT GIVE YOU ANY
RIGHTS TO SUCH CONTENT AND ISIS
SHALL HAVE NO LIABILITY WITH
RESPECT TO YOUR USE OF ANY SUCH
CONTENT.
4. LIMITED WARRANTY; DISCLAIMERS
ISIS warrants that the Software
will perform substantially in
accordance with ISIS's published
specifications for the Software
for a period of ninety (90) days
from the date You acquire the
Software. Your exclusive remedy,
and ISIS's entire liability, for
any breach of this limited
warranty shall be, in ISIS' sole
discretion, to replace the
Software with functionally
equivalent software or refund
the license fees paid by You for
the Software, upon return of the
nonconforming Software. Any
replacement Software will be
warranted for the remainder of
the original warranty period or
thirty (30) days, whichever is
longer.
ISIS MAKES NO OTHER WARRANTY,
EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION,
ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF THIRD-PARTY
RIGHTS. SOME JURISDICTIONS DO
NOT ALLOW EXCLUSIONS OF AN
IMPLIED WARRANTY, SO THIS
DISCLAIMER MAY NOT APPLY TO YOU
AND YOU MAY HAVE OTHER LEGAL
RIGHTS THAT VARY BY
JURISDICTION. NO ISIS AGENT OR
EMPLOYEE IS AUTHORIZED TO MAKE
ANY MODIFICATIONS, EXTENSIONS,
OR ADDITIONS TO THIS WARRANTY.
The foregoing warranty shall not
apply to any non-conformities
caused by any modifications made
to the Software by You; by
accident, abuse or improper use;
or by Your violation of the
terms of this EULA.
ISIS DOES NOT WARRANT THAT YOUR
REQUIREMENTS WILL BE MET WITH
THE SOFTWARE FUNCTIONS OR THAT
THE SOFTWARE’S OPERATION WILL BE
ERROR-FREE OR UNINTERRUPTED OR
THAT DEFECTS WILL BE CORRECTED.
ISIS SHALL ALWAYS RESERVE ITS
RIGHTS AND DISCRETION TO CORRECT
ANY DEFECTS AS IT SEES FIT AND
TO MAKE AVAILABLE FURTHER
RELEASES AND UPGRADES AS AND
WHEN IT DEEMS NECESSARY.
5. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER
NO LEGAL THEORY, TORT, CONTRACT,
OR OTHERWISE, SHALL ISIS OR ITS
SUPPLIERS OR RESELLERS BE LIABLE
TO YOU OR ANY OTHER PERSON FOR
ANY INDIRECT, SPECIAL,
INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES OF ANY
CHARACTER, EVEN IF ISIS SHALL
HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT SHALL ISIS TOTAL
LIABILITY, WHETHER IN TORT,
CONTRACT OR OTHERWISE, ARISING
OUT OF OR RELATING TO THIS EULA
OR THE SOFTWARE EXCEED THE
AMOUNT PAID BY YOU FOR THE
SOFTWARE. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION AND EXCLUSION MAY NOT
APPLY TO YOU.
6. U.S. GOVERNMENT LICENSE
RIGHTS
Software provided to the U.S.
Government pursuant to
solicitations issued on or after
December 1, 1995 is provided
with the commercial license
rights and restrictions
described elsewhere herein. All
Software provided to the U.S.
Government pursuant to
solicitations issued prior to
December 1, 1995 is provided
with RESTRICTED RIGHTS as
provided for in FAR, 48 CFR
52.227-14 (JUNE 1987), or DFAR,
48 CFR 252.227-7013 (OCT 1988),
as applicable.
7. EXPORT RESTRICTIONS
You acknowledge that the
Software is subject to U.S.
export restrictions. You agree
to comply with all applicable
international and national laws
that apply to the Software,
including the U.S. Export
Administration Regulations, as
well as end-user, end-use and
destination restrictions issued
by U.S. and other governments.
8. TERMINATION
Your license to use the Software
is terminated if You violate
this EULA. Upon termination, You
must destroy all copies of the
Software and related
documentation.
9. GENERAL PROVISIONS
This EULA is the exclusive
agreement between You and ISIS
concerning the Software and
supersedes any and all prior or
contemporaneous oral or written
agreements, representations,
negotiations or other dealings
between You and ISIS with
respect to the Software;
provided, however, that if You
have signed a written license
agreement for the Software which
has not expired or terminated,
then that license agreement will
supersede this EULA. This EULA
will be governed by the laws of
the State of Illinois applicable
to contracts executed and
performed entirely in Illinois
by residents of that state. If
any part of this EULA is found
to be void, unenforceable or
invalid, it shall not affect the
other provisions of this EULA.
This EULA can only be modified
by a paper writing signed by
both parties. Failure by either
party to enforce any provision
of this EULA will not be deemed
a waiver of future enforcement
of that or any other provision.
For further information
regarding the Software or this
EULA, contact ISIS at
http://www.isis-software.com
or by phone (847) 756-4747.
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