Dairy COMP 305 / DCCONsultant / Scout - (DC305/DCCON/SCOUT) - License Agreement

     
             
       IMPORTANT: READ THIS USER LICENSE AGREEMENT BEFORE BREAKING THE SEAL OR INSTALLING THE SOFTWARE. BREAKING THE SEAL OR INSTALLING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you object to any term or condition, you should promptly return all contents to Valley Agricultural Software.      
             
     

NOTE: BREAKING THE SEAL OR USING THE SOFTWARE DOES NOT INVALIDATE YOUR RIGHT UNDER THIS AGREEMENT TO RETURN THE CONTENTS OF THIS PACKAGE FOR A REFUND WITHIN NINETY (90) DAYS OF THE DELIVERY DATE.

     
             
     

USER LICENSE AGREEMENT LIMITED USE: Valley Agricultural Software (hereafter referred to as "VAS") hereby grants you a limited, non-exclusive, non-transferable, license to use "DC305/DCCON/SCOUT" software program (herein the "Software"), as well as the diskettes/CD-ROM (herein the "Diskettes") and the printed documentation ("Documentation") contained in the accompanying binder in the manner described in this Agreement. Regardless of the method of marketing the Software is NOT in the public domain. It is copyrighted by VAS. All rights reserved. Copying, selling, or otherwise distributing this product is a violation of the law. You may use the Software only on a single machine with only one con-current input terminal (only one user at a time). All copying of the Software and the Diskettes is strictly prohibited except for loading the Software from the Diskettes into the computer memory for the purpose of executing the program and, where the accompanying Documentation expressly permits it, for back-up purposes in support of your use of the Software on a single machine. You must reproduce the copyright notice displayed on the Diskettes package on each permitted back-up copy. If two copies of the program are required to perform the functions of the program contact VAS immediately for Shadow or Multi-User licensing. You are granted no other right to copy, duplicate, modify, adapt or lend, sell, rent, substitute or otherwise transfer to any third party the Software, Diskettes, Documentation and any copies (if any). You are granted no right to use the source code of the Software in any manner.

     
             
     

 LIMITED WARRANTY, LIMITATION OF LIABILITY: VAS warrants to you that the Diskettes (i.e. the magnetic media on which the Software is recorded) and the Documentation will be free from defects in materials and workmanship for a period of ninety (90) days from the date of delivery to you, as evidenced by a copy of your receipt (the "Delivery Date"). VAS also warrants to you that the Software will perform substantially in accordance with the Documentation for a period of one (1) year from the Delivery Date when used as directed. THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE) REGARDING THE SOFTWARE, DISKETTES OR DOCUMENTATION. EXCEPT ANY IMPLIED WARRANTIES WHICH CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, ANY SUCH IMPLIED WARRANTIES COVERING THE DISKETTES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DELIVERY DATE. ANY SUCH IMPLIED WARRANTIES COVERING THE SOFTWARE OR DOCUMENTATION ARE LIMITED IN DURATION TO ONE (1) YEAR FROM DELIVERY DATE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY IS THAT VAS, AT ITS OPTION, EITHER WILL REFUND OR REPAIR THE SOFTWARE. VAS does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free. The foregoing warranties do not apply if you mishandle, alter or improperly use or store the Software, Diskettes, and/or Documentation. Although changes or improvements to the Software, Diskettes and/or Documentation may be made, VAS will be under no obligation to provide them to you, unless you remain an active registered user and maintain yearly service and support plans. VAS is not responsible for problems caused in the operating characteristics of computer hardware or computer operating systems which are made after the release of the software. If the Diskettes or Documentation are not as warranted, VAS will replace it on an exchange basis without charge. In addition to the foregoing warranties, if for any reason you are not satisfied, you may return the documentation, Diskettes and all copies (if any) made there from to VAS within ninety (90) days of the Delivery Date and VAS will refund your payment for the license fee/ less installation/hardware costs. Such a return will terminate all your rights to use the Software.

     
             
     

TRADE SECRETS: You acknowledge that the Software contains trade secrets of VAS. You agree to take all steps necessary to protect the Software, Documentation and Diskettes, as well as any copies thereof, from disclosure. VAS reserves the right to copy protect the Software and Diskettes with any means possible either by software and/or hardware solutions. Should such a protection plan take effect you agree to protect the “Software” you may not modify or remove said copy protection. Hardlock’s are part of the license and carry a 2 year warranty for workmanship from the delivery date.

     
             
     

TERMINATION: If you violate any item of use set forth above, this Agreement and the license provided hereunder will be automatically terminated, and you agree to return the Documentation, Diskettes and all copies (if any) made there from to VAS at the address below. Your obligations under the Agreement will remain in effect until you have returned all those materials. You may voluntarily terminate the license by similarly returning the Documentation, Diskettes and all copies to VAS. If the license is terminated automatically, or voluntarily more than 90 days after the Delivery Date, you will not be entitled to any refund from VAS.

     
             
     

RETURNS, NON-ACCEPTANCE: Any returns of the Diskettes/Documentation should be made to the following address after a RMA number has been issued:

     
             
      VALLEY AGRICULTURAL SOFTWARE - 3950 South “K” STREET - TULARE, CA 93274 - USA For warranty service, Call VAS at 559-686-9496 , FAX: 1-559-686-6253 EMAIL: info@vas.com URL: www.vas.com You will be given instructions regarding packing, shipping and RMA Numbers      
             
      GENERAL: You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms. The agreement between you and VAS regarding the Software, Diskettes and Documentation consist solely of this User License Agreement. The agreement does not include any other prior or contemporaneous promises, representations or descriptions regarding the Software, Diskettes or Documentation , even if they are contained in materials provided by VAS. This license may only be modified in a written amendment signed by an authorized officer of VAS. If any provisions of this Agreement are invalid under applicable law, they are, to that extent, deemed omitted. This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the State of California, without reference to choice of law principals.      
             
      2007-© Copyright: Valley Agricultural Software.