SOFTWARE LICENSE AGREEMENT
Bear Creek Survey Service is the LICENSEE for this agreement. You, the
buyer, are the LICENSOR.
Bear Creek Survey Service is the LICENSEE for this agreement. You, the buyer, are the LICENSOR.
By accepting a copy of the enclosed software disc, and
accompanying information, (described hereinafter as the "Programs"),
either separately or as part of computer system or partial system, the LICENSEE
implicitly agrees to all provisions of this agreement.
LICENSEE is licensed to and owns a license to use the
software, but LICENSOR retains ownership of all information on the disc and in
LICENSOR reserves the entire right and title to the
Programs and to it's reproduction, publication, license, and sale.
LICENSEE agrees that the proprietary information of the
Programs is privileged and amounts to a trade secret and that he will take
reasonable care not to disclose such information to third parties nor will he
transfer Programs to any third party.
LICENSEE has the right to use the Programs information
for personal use or in‑business use on the authorized number of machines
30 days of program maintenance beginning on the date of
sale is included in the cost of the software. Upgrades are available for a
annual fee of $550.00 for each license owned. Payment of a upgrade fee entitles
the LICENSEE to an additional year of program maintenance.
Non - payment of maintenance fees will terminate any support or
maintenance responsibilities of LICENSOR.
Support and training are available at the cost of $450.00
(U.S. dollars) per day. If
training is at a place other than LICENSOR's offices, then all of LICENSOR's
travel expenses will be paid by LICENSEE. This
includes business class air fare, lodging, ground transportation, etc.
LICENSOR warrants that it has the right to license the
Programs, and will furnish or cause to be furnished to the LICENSEE programs
which will be functional and free from media errors. LICENSOR is not liable for
any loss caused by use or malfunction of the program, but will make reasonable
corrections under the maintenance provisions of Section II above.
In no case is LICENSOR liable for any amount in excess of the original
cost of the programs.
This warranty applies only to software developed by
LICENSOR. Any other included
software, or hardware such as computers, data collectors, interfaces, etc. are
covered by their respective manufacturers warranties, and are excluded from this
LICENSEE agrees to comply with the export control laws
and regulations of the
This license is non-transferable. LICENSEE may not
transfer it's rights under this Agreement to another individual or company
without the written consent of LICENSOR.
If any of the provisions or portions thereof of this
Agreement are invalid under any applicable statute or rule of law, they are to
that extent deemed omitted.
This Agreement shall be interpreted according to and
governed by the laws of the State of
Waiver of any breach of the provisions hereof shall not
be deemed to be a waiver of any other breach of said provisions or any breach of
any other provisions hereof. It is
agreed that the LICENSEE'S damages for any breach of this agreement shall be
limited to the amount of consideration paid by LICENSEE.
This agreement is executed with the understanding that it
embodies the entire agreement between the parties pertaining to the subject
matter of this Agreement.
No modification or waiver of this Agreement or any of
it's provisions shall be binding upon either party unless it is first reduced in
writing and signed by an officer of both parties.
LICENSOR may refuse to provide support if amounts due
under this or subsequent agreements are not paid according to the terms of said
of the software by LICENSEE constitutes acceptance of the terms of this
agreement. LICENSOR may withhold
support services for non-payment of any amounts due under this or subsequent
software license agreements between LICENSEE and LICENSOR.
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