» version 3.0 - posted on 2010-01-01
» version 3.0 - posted on 2006-11-02
END USER LICENSE AGREEMENT
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.
YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY
TO YOU AND ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER:
YOU CLICK THE "ACCEPT" BUTTON, OR
YOU COPY, INSTALL, OR USE THIS COPY OF INSTANTX SOFTWARE, OR
YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS
iHR, iLeave, iFMLA, OR INSTANT SELF SERVE SOFTWARE.
IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION
IMMEDIATELY, AND DO NOT USE THIS SOFTWARE.
1. SOFTWARE COVERED BY THIS LICENSE
This license agreement ("Agreement") applies to all versions of the iHR, iLeave, iFMLA, and INSTANT SELF SERVE software packages ("InstantX") with which this Agreement is included by Apex Business Software ("Apex"). Different license terms may apply to other software packages or other materials from Apex, and license terms for later versions of InstantX may also be changed.
2. LICENSE AGREEMENT
(a) Original Distribution Package. You must have received your installation package ("Original Distribution Package") in its entirety. Copy or distribution of the database, in either its original or altered form, without the rest of the software is not authorized. Copy or distribution of .dlls without the rest of the software is not authorized. Current Original Distribution Packages for InstantX are available from Apex and Apex-authorized distributors. Copies of InstantX not received in the form of an Original Distribution Package are not licensed for use, copying or transmission by you or others.
(b) Apex-Supplied License Key Necessary. In order to qualify for the license described below, you must have received a license key in the form ######## from Apex. Using a key obtained from a public source such as a newsgroup or Internet site is strictly prohibited.
(c) You may, free of charge:
install and use InstantX free of charge, for the purpose of evaluating the software for future purchase.
copy, store, distribute and transmit, free of charge, identical copies of this Original Distribution Package of InstantX to others, as long as it is deemed current by Apex.
(d) You may not:
permit others to use this InstantX program unless they are properly licensed by Apex, either under this Agreement or another agreement from Apex.
modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, this InstantX program.
copy InstantX except as described above.
sell or license copies of InstantX to others.
remove any proprietary notices or labels on InstantX or any other Apex software.
use InstantX in or for High Risk Activities (defined below)
(e) All rights not expressly granted by Apex in this Agreement are entirely and exclusively reserved to Apex.
InstantX contains online help files. Additional support resources and terms are subject to change at Apex's sole descretion and are described at http://ihrsoftware.com/pricing2.aspx.
5. DISCLAIMER OF WARRANTY
APEX DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST INSTANTX BEFORE ANY LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING INSTANTX AND DISTRIBUTING FILES CREATED THROUGH USE OF INSTANTX , AND THAT IF YOU USE INSTANTX IMPROPERLY OR AGAINST INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF INSTANTX IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL APEX, OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF InstantX, FILES OR INFORMATION CREATED USING INSTANTX, OR YOUR RELATIONSHIP WITH APEX. Some jurisdictions do not allow exclusion or limitation of liability for incidental or consequential damages, therefore the above limitation may not apply to you.
7. RESTRICTED RIGHTS LEGEND
Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and in similar clauses in the NASA FAR Supplement.
Apex or its licensors own the InstantX software, all other materials in this InstantX Original Distribution Package, the PAD File Format, and the names and marks "Apex", "PAD", "Portable Application Description" and "InstantX", under the copyright, trademark, and trade secret laws and all other laws that may apply.
The license will terminate automatically if you fail to comply with any of the limitations, conditions or obligations described herein. On termination, you must destroy all copies of the InstantX software and all other materials in this InstantX Original Distribution Package and, at Apex's sole discretion, any or all of the files created by you using InstantX and distributed to others.
11. HIGH RISK ACTIVITIES
InstantX is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of InstantX could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Apex and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
This Agreement constitutes the entire Agreement between the parties with respect to the subject matter herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between you and Apex. Waiver by Apex of any violation of any provision of this Agreement shall not be deemed to waive any further or future violation of the same or any other provision. This Agreement and any dispute relating to InstantX or to this Agreement shall be governed by the laws of the United States and the laws of the State of Washington, without regard to U.S. or Washington choice of law rules. You agree and consent that jurisdiction and proper venue for all claims, actions and proceedings of any kind relating to Apex or the matters in this Agreement shall be exclusively in courts located in Washington. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you agree that the remainder of the Agreement shall be fully enforceable as if the unenforceable part or provision never existed. There are no third party beneficiaries of any promises, obligations or representations made by Apex herein.