BACKSLASH LICENSE STATEMENT AND LIMITED WARRANTY
Software: Complete Time Tracking Standard, Complete Time Tracking Professional
IMPORTANT – READ CAREFULLY
This license statement and limited warranty constitutes a legal agreement (“License Agreement”) between you (either as an individual or a single entity) and Backslash for the software products (“Software”) identified above, including any software, media, and accompanying on-line or printed documentation.
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT.
Upon your acceptance of the terms and conditions of the License Agreement, Backslash grants you the right to use the Software in the manner provided below. If you do not agree to be bound by any or all of the terms of this Agreement, Backslash is unwilling to grant you any rights to use the Software and you must not use the Software; instead you must promptly remove the Software from your computer.
This Software is and shall remain a proprietary product owned by Backslash and is protected by copyright law and international copyright treaty. Therefore, you must treat this Software like any other copyrighted material (e.g., a book), except that you may either make one copy of the Software solely for backup or archival purposes or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. Backslash shall retain ownership of all patents, copyrights, trademarks, trade names, trade secrets and other proprietary rights relating to or residing in the Software. Except for the license grant provided, you shall have no right, title or interest in or to the Software. The Software is licensed, not sold, to you for use only under the terms of this Agreement.
If you have received an upgrade version of the Software, it constitutes a single product with the Backslash software that you upgraded. You may use or transfer the upgrade version of the Software only in accordance with the License Agreement.
You may use the Software for evaluation purposes for a period not exceeding 30 days. If you wish to continue using the Software after this period you must purchase the Software.
You may transfer the Software and documentation on a permanent basis provided you retain no copies and the recipient agrees to the terms of the License Agreement. Except as provided in the License Agreement, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive the Software, media or documentation. You agree not to modify the Software or attempt to reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Backslash grants to you as an individual, a personal, nonexclusive license to install and use the Software for the sole purpose of tracking and monitoring activities and time. You may install a copy of the Software on a computer and freely move the Software from one computer to another, provided that you are the only individual using the Software.
Backslash warrants that the Software, as updated and when properly used, will perform substantially in accordance with the accompanying documentation, and the Software media will be free from defects in materials and workmanship.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BACKSLASH DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/TERRITORY TO STATE/TERRITORY.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BACKSLASH BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF BACKSLASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, BACKSLASH’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $25; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A BACKSLASH SUPPORT SERVICES AGREEMENT, BACKSLASH’S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND TERRITORIES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage (“High Risk Activities”). Backslash specifically disclaim any express or implied warranty of fitness for High Risk Activities.
You may terminate this Agreement at any time. This Agreement shall terminate automatically upon your breach of any term of this Agreement. Upon termination, you shall destroy the Software and the backup copy, if any, you made pursuant to the Agreement. All other sections of this license shall survive any termination of this Agreement.
This License Agreement may only be modified in writing signed by you and an authorized officer of Backslash. All terms of any purchase order or other ordering document shall be superseded by this License Agreement. If any provision of the License Agreement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in this License Agreement shall remain in effect.
This License Agreement shall be construed, interpreted and governed by the laws of the State of Victoria, Australia. This License Agreement gives you specific legal rights; you may have others which vary from state to state and from country to country. Backslash reserves all rights not specifically granted in this License Agreement.