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Wasp License

Copyright 2000, 2001 AcademSoft. All rights reserved.

THIS IS A LEGAL AGREEMENT BETWEEN YOU, EITHER AN INDIVIDUAL OR ENTITY, ("LICENSEE") AND ACADEMSOFT. BY INSTALLING THE ACCOMPANYING SOFTWARE, LICENSEE AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS WASP LICENSE AGREEMENT ("AGREEMENT"). IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CONTINUE THE INSTALLATION PROCESS, IMMEDIATELY DELETE ALL DOWNLOADED FILES OF THE ACCOMPANYING SOFTWARE FROM LICENSEE'S COMPUTER SYSTEM AND/OR PROMPTLY RETURN THE MEDIA TOGETHER WITH ALL ASSOCIATED MATERIALS TO ACADEMSOFT FOR A FULL REFUND.

GRANT OF LICENSE

AcademSoft grants Licensee the following non-exclusive rights with respect to the Wasp program and its accompanying files and Documentation (collectively "Software") and any update thereof Licensee may receive from AcademSoft. Licensee may:

  • use the Software in accordance with the terms of this Agreement;
  • make additional copies of the Software solely for the purpose of backup or archive; and
  • if Licensee receives the Documentation electronically, print one paper copy of the Documentation.

Licensee may use the Software on a single computer and Licensee's portable or home computer as long as only one copy of the Software is in use at any one time. A separate license is required for each computer in all other cases.

If Licensee receives its first copy of the Software electronically, and a second copy on media, then Licensee may use the second copy for backup or archival purposes only. Licensee may not use the second copy on another computer or provide it to another user.

RESTRICTIONS

Licensee may NOT:

  • use or copy the Software except as provided in this Agreement;
  • rent, lease or distribute (for free or for sale) the Software to any third party;
  • assign this Agreement or transfer the Software without the express written consent of AcademSoft;
  • modify, adapt, or translate the Software except modifications of system files permitted in the Wasp manual; or
  • reverse engineer, decompile, or disassemble the Software.

TERM: WASP LITE LICENSE

If Licensee is using the Lite version of Wasp, AcademSoft will set the term of this Agreement. Under a Wasp lite license, AcademSoft grants to Licensee a non-exclusive, non-transferable license to use the Software. Usage of the Software for the creation of software products that are intended to be used in a business, commercial, or government environment, to be rented, leased, or sold for profit, or to otherwise provide a benefit, is prohibited.

TERM: WASP UNIVERSITY LICENSE

If Licensee is using the Software under University Edition License AcademSoft will set the term of this Agreement. Under a Wasp University license, the Software may only be used for the sole purposes of education, either in class instruction or privately, or personal entertainment. Usage of the Software for the creation of software products that are intended to be used in a business, commercial, or government environment, to be rented, leased, or sold for profit, or to otherwise provide a benefit, is prohibited.

LIMITED WARRANTY

For a period of ninety (90) days from the date Licensee receives the Software, AcademSoft warrants that:

  • the media on which the Software is distributed will be free from defects in material and workmanship under normal use; and
  • the Software will conform substantially to the Documentation.

AcademSoft does not warrant that the operation of the Software will be uninterrupted or error-free. In the case of defective media, AcademSoft's entire liability and Licensee's exclusive remedy will be the replacement of the media.

If during the License warranty period (90 days or one year) from the date Licensee receives the Software, Licensee gives AcademSoft a written description of a significant, reproducible error where the Software does not conform to the Documentation, along with a machine readable example, AcademSoft's entire liability and Licensee's exclusive remedy will be that AcademSoft will, at its sole discretion, provide Licensee with either:

  • corrections to the nonconforming Software and/or Documentation;
  • an advise of how to achieve substantially the same functionality by other means described in the Documentation; or
  • a refund of Licensee's license fee.

AcademSoft will use reasonable commercial efforts to corrections of the nonconforming Software or advise within 30 days of being so notified. This Limited Warranty extends only to the original recipient of the Software, and is void if failure of the Software has resulted from accident, abuse, or misapplication. If the license fee is refunded, this Agreement will terminate immediately.

NO OTHER WARRANTIES

EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE, THE LICENSED PRODUCT IS PROVIDED "AS IS". ACADEMSOFT DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THIS LIMITED WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY

REGARDLESS OF WHETHER ANY EXCLUSIVE REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL ACADEMSOFT OR ITS SUPPLIERS BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, DATA, BUSINESS INTERRUPTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ACADEMSOFT OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO LICENSEE.

IN NO EVENT WILL ACADEMSOFT'S OR ITS SUPPLIERS' CUMULATIVE LIABILITY TO LICENSEE OR ANY THIRD PARTY EXCEED THE AGGREGATE AMOUNT PAID BY LICENSEE FOR THE SOFTWARE.

TERMINATION

This license will terminate automatically if you fail to comply with the restrictions described above. On termination, you must destroy all copies of the Software.

Copyright 2000, 2001 AcademSoft. All rights reserved.