Baystate Consulting End-User Program License Agreement
IMPORTANT: READ BEFORE CONTINUING
PLEASE READ THE TERMS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING THIS SOFTWARE PACKAGE, BECAUSE INSTALLING THIS SOFTWARE PACKAGE OR YOUR INITIAL USE OF THIS SOFTWARE WILL INDICATE YOUR ASSENT TO EACH TERM OF THIS LICENSE AGREEMENT. BAYSTATE CONSULTING WILL LICENSE THE ENCLOSED SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, THEN BAYSTATE CONSULTING IS UNWILLING TO LICENSE THE SOFTWARE TO YOU. IN WHICH EVENT YOU SHOULD CANCEL THE INSTALL PROGRAM.
Standard Use Agreement
This software is owned by Baystate Consulting and is protected by United States copyright laws and international treaty provisions. You shall treat the software like any other copyrighted material.
1. Install this software on any compatible computer. The product will function in unregistered mode until activated. Activation is machine specific and an internet connection is required. An unregisted copy of the software will only function by only allowing 5 data lines to be exported at a time. Once the software is activated by entering a login and password and clicking the activate button the software becomes "unlocked" and will allow the user to export an unlimited number of transaction lines.
2. The software allows the user with a valid login to activate and deactivate a license at any time through the software activation screen. Utilize this screen if you need to move your license to a different computer by deactivating the old one and activating the new one.
You may NOT:
1. alter, merge, modify, or adapt this software in any way, including disassembling, decompiling, or reverse engineering the software for the purpose of reselling this software product.
2. loan, rent, lease or sublicense this software, or any copy of this software.
EXCEPT AS EXPRESSLY SET FORTH ABOVE, BAYSTATE CONSULTING MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PRODUCT. BAYSTATE CONSULTING HEREBY SPECIFICALLY DISCLAIM ALL OTHER EXPRESS, STATUTORY AND IMPLIED WARRANTIES AND CONDITIONS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITION OF SATISFACTORY QUALITY. EXCEPT AS EXPRESSLY STATED IN SECTION 4(A), THE PRODUCT IS SUPPLIED ON AN "AS IS" BASIS WITHOUT WARRANTY. YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION AND USE OF THE PRODUCT. Some jurisdictions do not allow a limitation on implied warranties, and so the foregoing disclaimer may not apply to You. In any event, any implied warranties that may exist under the laws of Your jurisdiction are limited to the one (1) year period set forth in the limited warranty given under subsection (a) above.
LIMITATION OF LIABILITY
(a) TO THE MAXIMUM EXTENT ALLOWED UNDER LAW, IN NO EVENT WILL BAYSTATE CONSULTING BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR INDIRECT DAMAGES, AND INCLUDING BUT NOT LIMITED TO, COST OF COVER, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS ARISING FROM THE USE OF (OR INABILITY TO USE) THE PRODUCT, NO MATTER HOW CAUSED AND ON ANY THEORY OF LIABILITY.
(b) IN NO EVENT SHALL BAYSTATE CONSULTING’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT.
(c) The limitations in the above section will apply even if Baystate Consulting, its suppliers or dealers have been advised of the possibility of such damage or of any type of use intended by You. These limitations shall apply notwithstanding the failure of essential purpose of any limited remedy. You acknowledge that these limitations