The Caspak Plus Software License Agreement
NOTE:
All programs are sold with the understanding that the purchaser
agrees to all conditions of this License. Please read the following
terms and conditions of this license agreement carefully. If you do
not agree with these conditions, return the unopened diskette to
your nearest Leonard representative for a full refund.
1. License
Under this License, the customer is authorized to use the
Licensed Program(s) in machine-readable form on all computer
systems within the Customer's company. The Customer may not modify
the Licensed Program(s) and/or modify the Licensed Program(s) with
other programs. The Licensed Program(s) may not be reassigned,
sublicensed, or transferred except as provided by this
agreement.
2. Term
This Agreement and License are effective from the date of
receipt and shall remain in full force and effect until terminated.
The Customer may terminate this License Agreement by destroying all
complete and partial copies of the Licensed Program(s) in its
possession. Leonard may terminate the License hereunder if the
Customer fails to observe any of the terms and conditions of this
agreement. In the event of such termination, the Customer will
certify in writing that to the best of his knowledge, the original
and all copies of the Licensed Program(s) have been destroyed or
returned to Leonard.
3. Protection and security
The Customer agrees not to disclose or otherwise make available
any part of the Licensed Program(s) or associated document to any
third party, other than the Customer's employees, without the prior
written permission of Leonard. The Customer may make additional
copies of the Licensed Program(s) for backup and for the use of its
employees. Customer agrees that all backup copies shall be
reproduced with all copyright information (including serial number,
version number, program identification and copyright and trademark
notices).
4. Limitation and Warranty
EXCEPT AS NOTED ABOVE,THE LICENSED PROGRAM(S) ARE PROVIDED "AS
IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING BUT WITHOUT LIMITATION,IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS,AND YOU MAY ALSO HAVE OTHER RIGHTS
WHICH VARY FROM STATE TO STATE.
5. Limitation of Remedies
IN NO EVENT WILL LEONARD OR ITS SUPPLIERS BE LIABLE FOR ANY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES AND DAMAGES FOR LOST DATA OR
PROFITS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE LICENSED
PROGRAM(S), EVEN IF LEONARD HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
6. General
This agreement merges all prior written and oral communications
regarding the Licensed Program(s) and sets forth the entire
agreement of the parties. This Agreement shall be construed in
accordance with the laws of the State of Rhode Island and
Providence Plantations, regardless of where any action may be
brought. If any provision of this agreement is ruled invalid by any
law, it shall be deemed modified or omitted to the extent
necessary, and the remainder of the Agreement shall continue in
full force and effect.
TECHNICAL SUPPORT
Technical support can be obtained by any registered user of the
CASPAK system from the Technical Support Personnel at the Leonard
Valve Company simply by e-mailing your request, or
calling (800)(222-1208) during the appointed hours. Any
correspondence should be addressed to:
Leonard Valve Company
1360 Elmwood Avenue
Cranston, R.I. 02910
ATTENTION: Technical Support Department
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