License Agreement for ACCTA, Inc. Methods
COPYING: Licensee may copy the electronic file only for the purpose of making a backup copy. If more than one laboratory needs to use the Method, you must license a separate copy for each laboratory. You may also purchase a site license, which grants a license to all users at your local facility. If Licensee's computer system is a local area network or wide area network and the Method will be available to all users, Licensee must purchase a site license. If you do not agree with the terms and conditions of this agreement, destroy all electronic and printed or derivative copies of the Method and notify ACCTA, Inc. at (651) 731-3670.
GRANT OF LICENSE: In consideration of payment of the license fee for the Method, ACCTA, Inc. grants to Licensee, a non-exclusive right to use and display this copy of the Method in a single laboratory at a single location. If the single laboratory in which you use the Method involves multiple operators of the Method, the License covers all users on that single laboratory.
However, notwithstanding the above, if the Licensee has paid the license for an entire site (i.e., "Site License"), ACCTA, Inc. grants to Licensee a non-exclusive right to use and display a copy of the Method or provide access to the Method for all users at the local facility where the Method was originally installed. The Site License applies only to one physical facility. Different physical facilities, whether connected via LAN or WAN, must purchase separate Licenses. ACCTA, Inc. reserves all rights not expressly granted to Licensee.
OWNERSHIP OF METHOD: Licensee owns the physical media on which the Method is originally or subsequently recorded, or the electronic file obtained following purchase, ACCTA, Inc. retains title, ownership, and copyrights of the Method details recorded on the original copy(ies) and all subsequent copies of the Method or derivative works, regardless of the form or media in or on which the original and other copies may exist. This License is not a sale of the original Method or any copy thereof. You may not copy the disk or electronic file(s) or accompanying printed material to sell, rent, lease, lend, or otherwise distribute copies of the Method or included documentation to others.
USE RESTRICTIONS: Licensee may use the Method in only one laboratory at a time. However, if the appropriate fee has been paid, Licensee may use the Method on a network accessed by multiple laboratories which are located at one site. Licensee may not transfer the Method electronically or by any other means, from one laboratory to another unless the appropriate Site License has been purchased. Licensee may not decompile, translate, reverse engineer, or dismantle the Method, nor may Licensee create derivative works from it. Minor adjustments to the technical details in this method, as necessary to ensure proper performance in the Licensee's laboratory, are allowed as described in the method, but do not remove or reduce the Licensee's responsibilities under this agreement.
Licensee may not transfer the Method to anyone unless Licensee permanently transfers all copies of the Method in its possession and the recipient accepts all of the terms of this License. This license shall continue until Licensee notifies ACCTA, Inc. and properly transfers or destroys all copies of the Method in Licensee's possession. ACCTA, Inc. may terminate this License at any time without notice if Licensee breaches any of its terms. Licensee may use the Method to produce a document, a publication, report, or presentation material that is for its internal use, or for a client or clients. Licensee may not use the Method or the contents to produce any document or publication for multiple resale or redistribution without ACCTA, Inc.'s express written authorization. All such derivative works, including public presentations or publications that cite technical details of the Method, must state that the Method details are the copyrighted property of ACCTA, Inc., and must reference this License Agreement.
The technical contents of this method have been reviewed and tested, and are believed to be accurate and reproducible. However, due to differences in equipment, laboratory procedures, and operator skill, verification and validation (if necessary) are the responsibility of the individual laboratory attempting to use the Method.
DISCLAIMER OF WARRANTY: ACCTA, Inc. makes no warrantee, express or implied, with respect to the Method or its quality, performance, merchantability, or fitness for any purpose. The Method is licensed and delivered "as is."
LIMITATION OF LIABILITY: In no event will ACCTA, Inc. or its employees be liable for any direct, incidental, indirect, special, or consequential damages in connection with whatsoever including, without limitation, damages for loss of profits, business interruption, loss of information or other pecuniary loss arising out of the use of or inability to use the Method even if ACCTA, Inc. or its employees have been advised of the possibility of such damages. (Some states do not allow the exclusion or limitation of implied warranties, so the above limitation may not apply to you.)
ACCTA, Inc. warrants to the original Licensee the disk(s) or on which the Method is recorded, or the file in which the method is delivered, is free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of shipment. Further, ACCTA, Inc. limits the duration of any implied warranty on the disk(s) including the warranties of merchantability and fitness for a particular purpose to the respective period stated above.
ACCTA, Inc.'s entire liability and Licensee's exclusive remedy as to the disk(s) shall be, at ACCTA, Inc.'s option, either return of the purchase price or replacement of the disk/file that does not meet the aforementioned limited warranty and which is returned to ACCTA, Inc. If failure of the disk has resulted from accident, abuse or misapplication, ACCTA, Inc. shall have no responsibility to replace the disk or refund the purchase price. Any replacement disk will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.
The above are the only warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, that are made by ACCTA, Inc. on the Method. No oral or written information or advice given by ACCTA, Inc., its dealers, distributors, agents, or employees shall create a warranty or in any way increase the scope of this warranty, and you may not rely on any such information or advice.
This License is governed by the laws of the State of Minnesota.
ACCTA, Inc., 3534 Jessie Ct, St. Paul, MN 55125 USA
Phone: (651) 731-3670 Fax: (651) 730-0965
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