SiteWorx/OS License Agreement
Vertigraph, Inc. ("Licenser") grants to the purchaser of the SiteWorx/OS Software License ("Licensee") a non transferable license to use SiteWorx/OS ("Licensed Software"). Use of the Licensed Software
Vertigraph, Inc. ("Licenser") grants to the purchaser of the SiteWorx/OS
Software License ("Licensee") a non transferable license to use SiteWorx/OS
("Licensed Software"). Use of the Licensed Software is limited to a single
terminal connected to a single computer unless multiple licenses were
acquired. Your right to use the Licensed Software terminates upon the
violation of any provision of this License. The Licensed Software is the
SiteWorx/OS computer program which includes, without limitation, any form
of the programs, copies, modifications, enhancements, revisions and updates
thereof, source code, sample projects, utility programs, visual/written
materials and any other documentation. Until you obtain a serial and
registration number from Licenser, you agree that the SiteWorx/OS software
is used for the purpose of evaluating the software only and not for the
production of income. After obtaining registration approval for the serial
number and becoming a licensed user of the SiteWorx/OS software, the
Licensee agrees that Vertigraph's annual training, support and enhancement
program entitled Full_Serve will be maintained at the agreed upon annual
fee. Licensee may not de-compile the Licensed Software from object code to
source code or cross compile or otherwise adopt or modify the Licensed
Software. You agree to take all necessary steps to ensure that the
provisions of this License are not violated by you or any
person under your control or in your service. You may transfer the Licensed
Software to a single hard disk. Licenser shall have sole and exclusive
ownership of all rights, title and interest in and to the Licensed Software
and all modifications and enhancements thereof (including ownership of all
trade secrets and copyrights pertaining thereto). This agreement does not
provide Licensee with title or ownership of the Licensed Program, but only a
right of use.
Disclaimer and Limitation of Liability: Due to the complex nature of
computer software, Vertigraph, Inc. does not warrant that the Licensed
Software is completely error free, will operate without interruption, or is
compatible with all equipment or software configurations.
Neither Vertigraph, Inc. nor anyone else who has been involved in the
creation, production or delivery of the programs or documentation shall be
liable to you for any damages of any type, including but not limited to, any
lost profits, lost savings, loss of anticipated benefits, or other
incidental or consequential damages arising out of contract, negligence, or
under any warranty even if Vertigraph, Inc. has been advised of the
possibility of such damages or for any other claim by any other party.
Licenser's liability for damages in no event shall exceed the licensee fee
paid for the right to use the licensed software.
Vertigraph, Inc. provides the licensed software "as is" without warranty of
any kind, either express or implied, including but not limited to, the
implied warranties of merchantability or fitness for any particular purpose.
Some states do not allow disclaimer of express or implied warranties in
certain transactions; therefore, this statement may not apply to you.
Furthermore, Vertigraph, Inc. reserves the right to revise the Licensed
Software and documentation and to make changes from time to time to the
content thereof without obligation of Vertigraph, Inc. to notify any person
of such revision or changes.
The agents, distributors, employees and dealers of Vertigraph are not
authorized to modify this Agreement or to make statements, representations
or terms binding Vertigraph, Inc. Accordingly, any statements,
representations or terms not made or given directly or expressly by
Vertigraph are not binding on Vertigraph, Inc.
It is agreed that the laws of the State of Texas shall govern this
Agreement. The parties also agree that they will endeavor to settle any
dispute, controversy or claim arising out of or relating to this license,
which they are unable to settle through direct negotiations, by mediation
administered by a mutually agreeable mediator under reasonable mediation
rules before resorting to arbitration, litigation, or other dispute
resolution procedure.
Copyright - This program and related documentation is the confidential and
proprietary product of Vertigraph, Inc. Any unauthorized use, reproduction
or transfer of this program, trade secrets and/or documentation is strictly
prohibited and subject to criminal prosecution. Copyright 1995-2020 by
Vertigraph, Inc. All rights reserved.
