Legal
Copyright Information
Copyright © 2007
Edisoft® Ltd. All rights reserved.
Visual ASN Copyright
© 2004-2007
Edisoft™ Visual
ASN and Visual ASN are trademarks of Edisoft® Ltd.
Edisoft
Merchant Copyright © 1995-2007
Edisoft
Merchant™ is a trademark of Edisoft® Ltd.
Edisoft
Business Exchange™ is a trademark of Edisoft® Ltd.
License Agreement: Product License Information
This License
Agreement ("Agreement") allows you to use this software program
("Software") contained in the disk package, which may include printed
materials and "online" or electronic documentation as well as other
associated media, provided you agree to be bound by the terms of this
Agreement. Your installing or using of the Software signifies your acceptance
of this Agreement that is a binding legal contract between you and Edisoft
Ltd., ("Edisoft"). If you do not agree with the terms and conditions
that follow herein, you should promptly return the complete, unopened package
within seven (7) days of purchase for a full refund from your vendor.
License
The Software,
including any documentation relating to or describing it, now or hereafter provided
by Edisoft, are furnished to you under a non-exclusive, non-transferable
license solely for your own use on a single computer system in which each
licensed Software is installed and shall under no circumstances be used on more
than one computer at a time. This license grants you the right to make one
exact copy of the Software solely for backup or archival purposes or transfer
the Software to a hard disk provided you keep the original solely for backup or
archival purposes. You may receive the Software in more than one medium, but
regardless of the type or size of medium you receive, you may use only one
medium that is appropriate for your single computer. You may not use or install
the other medium on another computer. To use the software on more than one
computer, it will be necessary to obtain a site license, if available. Said
license fees are to be based on the number of computers to be licensed for
using the software. No license permits the redistribution, repackaging or
reselling of the software to a third party.
Title/Confidentiality
No title to or ownership
in the Software is transferred to you. Title to and all applicable rights in patents,
copyrights and trade secrets in the Software shall remain in Edisoft or third
parties from which Edisoft has obtained rights to license the Software.
Software provided hereunder, including the ideas, concepts, know-how,
technology and accompanying printed materials contained therein, as well as any
modifications, enhancements, or recommendations provided by Edisoft are
proprietary and/or confidential to, and contain trade secrets of Edisoft or
third parties from whom Edisoft has obtained rights to license the Software.
You agree to be bound and to observe the proprietary, confidential and trade
secret nature thereof as herein provided. You agree to take appropriate action
by instruction or Agreement with your employees who are permitted access to the
Software to fulfill your obligations hereunder.
Use Restrictions
The Software may
not be reverse compiled, disassembled or otherwise reverse engineered nor may
it be used to provide any third party, including any parent, affiliate or
subsidiary, the benefit of facility management, service bureau or other access
and use. Nor can the Software be separated into its component parts for use on
more than one computer. You may not rent, lease, lend or sublicense the
Software to any third party.
You may not resell
or otherwise transfer for value any Software marked "Dealer Version"
or "Not for Resale".
You may not use
any Software labeled as an "Upgrade" unless you are properly licensed
to use the original Software that is being upgraded. You may then only use the
upgraded Software in accordance with the terms of this License.
Fees
The initial
Software license fee (License Fee) covers the use of Software pursuant to, and
for the Term of this Agreement. Annual Maintenance Fees (A/M Fees) are charged
annually and cover the maintenance upgrades of Software for each respective
year. Failure to pay A/M Fees will disentitle you to Software maintenance
upgrades. License Fees and A/M Fees shall be due upon receipt of invoice.
All fees will be
based on Edisoft’s prevailing license fee schedules for renewals of license and
maintenance services.
Term & Termination
The term of each
license granted hereunder shall commence on the date the term license fee is paid
you and shall continue until such time as you discontinue use of the Software,
but otherwise shall without restriction as to time. Edisoft shall have the
right to terminate this license if you fail to comply with the terms and
conditions herein, provided Edisoft has given you written notice of any such
default and such default has not been cured within 30 days of such notice. Upon
expiration of the license or upon termination by reason of your default, you agree
to immediately return or destroy the Software and copies thereof as directed by
Edisoft. If requested by Edisoft, you also agree to certify in writing to the
destruction or return of the Software and all copies thereof as well as to the
fact that it longer installed on any of your computers and that you will never
be using the Software again.
Maintenance & Support
During the term of
this Agreement Edisoft may, at its sole discretion, use reasonable efforts to: (a)
correct or bypass any material errors in the then current version of the
Software; (b) make changes in the Software to conform to revised industry
standards; and (c) make available reasonable telephone support during normal
business hours under the then prevailing terms and conditions for such
services.
Limited Warranty
This Software is
licensed to you AS IS. Where the Software fails to substantially perform in accordance
with the accompanying printed materials, then Edisoft's sole liability and your
exclusive remedy for any defects in this product's materials or media that is
found within 90 days of purchase shall be at Edisoft's sole discretion, either
for a) Edisoft to use its best efforts to cure the defect; or b) Edisoft to
repair or replace the Software. You shall retain full control over the use of
the Software and any modifications or enhancements thereof as well as any recommendations
you are provided by Edisoft during the course of providing services under any
other provision in this Agreement. Accordingly, you agree to be fully
responsible for the design, repair and configuration of your equipment, systems
and/or products. You assume all risk and liability for results obtained by the
use or implementation of the Software, whether said Software is used singly or
in combination with other products.
You agree that, to
the maximum extent permitted by applicable law, Edisoft shall have no liability
to you or to any third party for any ordinary, special, incidental, indirect or
consequential damages or losses whatsoever (including, without limitations,
damages for loss of profits, business interruption, loss of business
information, or any other pecuniary loss) which might arise directly or
indirectly by reason of your using the Software or other services provided to
you by Edisoft, even if Edisoft has been advised of the potential for such
damages. Furthermore, you also understand and agree that Edisoft and its
suppliers disclaim, and you hereby waive, all other warranties and conditions,
either express or implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, title, and noninfringement, with
regard to the Software and the provision of or failure to provide support services.
Lastly, you agree
that the terms and conditions of this Agreement contain the entire understanding
between you and Edisoft and that Edisoft shall not be bound by or liable for
any other representations or warranties, whether written or oral, with respect
to the Software made by any third party, including any authorized reseller or
its agents, employees or representatives.
Note: Different remedies
may be available to you in different jurisdictions.
Third-Party Contributions
OpenSSL
This product
includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit.
(www.openssl.org)
This product
includes cryptographic software written by Eric Young. (eay@cryptsoft.com)
See
"OPENSSL-LICENSE.TXT" for licensing details.
SFL
This product
includes the SFL library developed by DigitalNet Government Solutions.
See
"SFL-LICENSE.TXT" for licensing details.
IDAutomation.com
This product
includes barcode fonts licensed from IDAutomation.com, Inc. These fonts may only
be used as part of, and in connection with, Edisoft Visual ASN."
Business Objects
This product uses
Business Objects Crystal Reports 10 for the reporting and label printing engine.
General
The license fees
and other amounts payable pursuant to this Agreement are exclusive of any and
all applicable taxes.
The Software may
be subject to export controls and you agree that the Software licensed hereunder
will not be exported or re-exported, directly or indirectly, separately or as
part of a system, without you, at your own cost, first obtaining all necessary
licenses.
The laws of the
Province of Ontario, Canada, govern this Agreement and if any provision of this
Agreement is held to be unenforceable, the enforceability of the remaining
provisions shall in no way be affected or impaired thereby.
Edisoft Ltd.,