DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR
OTHERWISE USING THIS SOFTWARE, YOU (LICENSEE, AS DEFINED BELOW) ARE
BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND
BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS
AGREEMENT, YOU SHOULD NOT DOWNLOAD, INSTALL AND USE THE SOFTWARE.
"Software" means software programs available at www.ranartech.com,
including Server Program, Agent Program, Client Programs, any third
party software programs that either integrated with or made part of
Ranartech softwares, documentation, and any modification, correction,
enhancement, deletion or substitution (collectively, upgrades) of
hereof that may be supplied by Ranartech.
"Account" means an electronic record on Server Program that has been
created for the purpose of use of the Software by a specific User,
and that is accessible via login name / password.
"User" means anyone who is authorized by Licensee to use the
"Server Program" means a central part of the Software that enables
registration and administration of Accounts, and performs services
requested by Users.
"Agent Program" means an auxiliary part of the Software that performs
functions requested by Server Program.
"Client Program" means a part of the Software that enables User to
access Server Program from a client computer.
The Software is the property of Ranartech or its suppliers. The
Software is licensed, not sold. Title and copyrights to the Software,
in whole and in part and all copies thereof, and all modifications,
enhancements, derivatives and other alterations of the Software
regardless of who made any modifications, if any, are, and will
remain, the sole and exclusive property of Ranartech and its
Grant of License
Licensee may not:
- -Sell, redistribute encumber, give, lend, rent, lease,
sublicense, or otherwise transfer the Software, or any portions of
the Software, to anyone without the prior written consent of
- -Reverse engineer, decompile, disassemble, modify,
translate, make any attempt to discover the source code of the
Software, or create derivative works from the Software, or Licensee
agrees to comply with the terms of this Agreement, and to take
reasonable measures to prevent use of the Software by Users in an
inappropriate manner or access to the Software by unauthorized
Upgrades and License Renewal
Upgrades to new versions of the Software are automatically downloaded
when available and are free of charge.
Licensee have to renew their subscription every month for continued
access to the softwares.
Patent and Copyright Indemnity
(a) Licensor will have no
liability for any claim of infringement based on:
- -Code contained within the Software which was not created by
- -Use of a superseded or altered release of the Software,
except for such alteration(s) or modification(s) which have been
made by Licensor or under Licensor's direction, if such infringement
would have been avoided by the use of a current, unaltered release
of the Software that Licensor provides to Licensee, or
- -The combination, operation, or use of any Software
furnished under this Agreement with programs or data not furnished
by Licensor if such infringement would have been avoided by the use
of the Software without such programs or data.
(b) In the event the Software is held or believed by Licensor to
infringe, or Licensee's use of the Software is enjoined, Licensor
will have the option, at its expense, to:
- -Modify the Software to cause it to become non-infringing;
- -Obtain for Licensee a license to continue using the
- -Substitute the Software with other Software reasonably
suitable to Licensee, or
- -If none of the foregoing remedies are commercially
feasible, terminate the license for the infringing Software.
This Section states Licensor's entire liability for infringement.
THE SOFTWARE IS PROVIDED TO LICENSEE "AS IS" AND WITHOUT WARRANTIES.
LICENSOR MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR, AND ITS
SUPPLIERS AND RESELLERS, DISCLAIM 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 NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE,
AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS
LIMITED WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MAY
HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO
Disclaimer of Damage
(a) REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS
ESSENTIAL PURPOSE, IN NO EVENT SHALL Ranartech OR ITS SUPPLIERS OR
RESELLERS BE LIABLE TO LICENSEE UNDER ANY THEORY FOR ANY DAMAGES
SUFFERED BY LICENSEE OR ANY USER OF THE SOFTWARE, OR FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (INCLUDING
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE
PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF
Ranartech HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR
OTHERWISE) UPON WHICH THE CLAIM IS BASED.
(b) IN ANY CASE, Ranartech' ENTIRE LIABILITY UNDER ANY PROVISION OF
THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY
LICENSEE FOR THE SOFTWARE. BECAUSE SOME STATES AND JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE
LIMITATION MAY NOT APPLY TO LICENSEE.
U.S. Government Restricted Rights
This Software is provided with Restricted Rights. Use, duplication,
or disclosure by the United States Government is subject to
restrictions as set forth in subparagraph (c) (1) (ii) of the Rights
in Technical Data and Computer Software clause at DFARS 252.227-7013
or subparagraphs (c) (1) and (2) of the Commercial Computer
Software-Restricted Rights clause at 48 CFR 52.227-19, and successor
thereof, as applicable. Manufacturer is Ranartech.
If Licensee fails to comply with the terms and conditions of this
Agreement, Ranartech may terminate this Agreement and Licensee's
right and license to use the Software. Licensee may terminate this
Agreement at any time by notifying Ranartech. Upon the termination of
this Agreement, Licensee must delete the Software from its computers
and archives. LICENSEE AGREES THAT UPON TERMINATION OF THIS AGREEMENT
FOR ANY REASON, RANARTECH MAY TAKE ACTIONS SO THAT THE SOFTWARE NO
Licensee agrees to be identified as a customer of Ranartech and that
Ranartech may refer to Licensee by name, trade name and trademark, if
applicable, and may briefly describe Licensee's business in
Ranartech's marketing materials and on Ranartech's web site. Licensee
hereby grants Ranartech a license to use Licensee's name and any of
Licensee's trade names and trademarks solely in connection with the
rights granted to Ranartech pursuant to this marketing section.
(a) Ranartech reserves the right at any time to cease the support of
the Software and to alter prices, features, specifications,
capabilities, functions, licensing terms, release dates, general
availability or other characteristics of the Software.
(b) Licensee agrees to abide by the third-party agreements attached
hereto. This Agreement, including the third-party agreements,
constitutes the entire agreement between the parties concerning
Licensee's use of the Software, and supersedes any and all prior or
contemporaneous oral or written representations, communications, or
advertising with respect to the Software. No purchase order, other
ordering document or any hand written or typewritten text which
purports to modify or supplement the printed text of this Agreement
or any schedule will add to or vary the terms of this Agreement
unless signed by both Licensee and Ranartech.
(c) A waiver by either party of any term or condition of this
Agreement or any breach thereof, in any one instance, shall not waive
such term or condition or any subsequent breach. The provisions of
this Agreement which require or contemplate performance after the
expiration or termination of this Agreement shall be enforceable
notwithstanding said expiration or termination.
(e) Titles are inserted for convenience only and shall not affect in
any way the meaning or interpretation of this Agreement. If any
provision of this Agreement is held invalid, the remainder of this
Agreement will continue in full force and effect. Either Ranartech or
Licensee may assign this Agreement in the case of a merger or sale of
substantially all of its respective assets to another entity. This
Agreement shall be binding upon and shall inure to the benefit of the
parties, their successors and assigns.
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