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END-USER LICENSE AGREEMENT FOR FORESIGHT SOFTWARE
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal
agreement between you (either an individual or a single entity) and Foresight -
a division of RMC - for the software that accompanies this EULA or otherwise
obtained by you, which includes
computer software and may include associated media, printed materials, "online"
or electronic documentation, and Internet-based services ("Software"). An
amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE
BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE
SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU
MAY CONTACT FORESIGHT FOR A FULL REFUND, IF APPLICABLE.
IMPORTANT Addendum at End of Document!!!!!
1. GRANT OF LICENSE. Provided that you comply with all terms and conditions of
this EULA, Foresight grants you a personal, nonexclusive, license to install and
use the Software on one computer.
1A. SUBSCRIPTION: You acknowledge, understand and agree that, after a 30 day demonstration period, this license requires that you must purchase a subscription, at then current subscription pricing (as posted on the website) from Foresight to run the Software.
1A1. INTERNET CONNECTION REQUIRED: You acknowledge and understand that the Software requires an Internet connection to periodically acquire your subscription information from Foresight and allow the Software to run. If an Internet connection is not available, you understand that the Software may not be able to run.
1A2. RIGHT TO REFUSE SUBSCRIPTION: Foresight reserves the right to refuse a subscription to you for any reason, or, modify the price of the subscription, with notice to you, for any reason, including but not limited to fraudulent subscription purchases or technical errors.
1A3: EMAIL / EMAIL SOLICITATIONS: You acknowledge, understand and agree that as a part of the approximately 30 day demonstration period you will receive emails from Foresight with tips about using the Software as well as solicitations regarding purchasing a subscription to the Software. In addition, should you purchase a subscription to the Software you will receive emails with additional tips about using the Software as well as other information related to the use and ideas of the Software.
1A4: SUBSCRIPTION GUARANTEE: Foresight hereby guarantees that should the software ever be discontinued, an unlocked copy of the Software will be made available to all registered users with paid subscriptions on the day of discontinuation.
1A5: SUBSCRIPTION RATE GUARANTEE: Foresight hereby agrees that so
long as you keep your subscription active, that rate (amount / time period) is
the rate you will pay to use the Software. Should you cancel your
subscription, your rate to renew your subscription will be at then current
subscription rates as published on the Foresight website.
2. RESERVATION OF RIGHTS AND OWNERSHIP. Foresight reserves all rights not
expressly granted to you in this EULA. The Software is protected by copyright
and other intellectual property laws and treaties. Foresight or its suppliers
own the title, copyright, and other intellectual property rights in the
Software. The Software is licensed, not sold.
3. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may
not reverse engineer, decompile, or disassemble the Software, except and only to
the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
4. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government
pursuant to solicitations issued on or after December 1, 1995 is provided with
the commercial license rights and restrictions described elsewhere herein. All
Software provided to the U.S. Government pursuant to solicitations issued prior
to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR,
48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as
applicable.
5. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S.
export jurisdiction. You agree to comply with all applicable international and
national laws that apply to the Software, including the U.S. Export
Administration Regulations, as well as end-user, end-use, and destination
restrictions issued by U.S. and other governments.
6. TERMINATION. Without prejudice to any other rights, Foresight may terminate
this EULA if you fail to comply with the terms and conditions of this EULA. In
such event, you must destroy all copies of the Software and all of its component
parts.
7. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
FORESIGHT AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY)
AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND
CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED
TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF
FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR
COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF
VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE
PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION,
SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF
THE USE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET
ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT
WITH REGARD TO THE SOFTWARE.
8. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FORESIGHT OR ITS
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION,
FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING
OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY
OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR
INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR
OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE
OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN
CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT
(INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT
OR BREACH OF WARRANTY OF FORESIGHT OR ANY SUPPLIER, AND EVEN IF FORESIGHT OR ANY
SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU
MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL
DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR
ANYTHING ELSE), THE ENTIRE LIABILITY OF FORESIGHT AND ANY OF ITS SUPPLIERS UNDER
ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED
TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE
SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$5.00. THE
FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL
PURPOSE.
10. APPLICABLE LAW. This EULA is governed by the laws of the United States of
America and specifically the State of Arizona.
11. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or
amendment to this EULA which is included with the Software) are the entire
agreement between you and Foresight relating to the Software and the support
services (if any) and they supersede all prior or contemporaneous oral or
written communications, proposals and representations with respect to the
Software or any other subject matter covered by this EULA. To the extent the
terms of any Foresight policies or programs for support services conflict with
the terms of this EULA, the terms of this EULA shall control. If any provision
of this EULA is held to be void, invalid, unenforceable or illegal, the other
provisions shall continue in full force and effect.
Addendum to EULA - September, 2009
1. The subscription fee for Foresight is discontinued for Version 1.2.
2. You acknowledge that the software is provided AS IS with no guarantees and no guaranteed support available.
3. At the sole discretion of RMC, RMC may or may not choose to respond to support requests and, at RMC's sole discretion, may choose to discontinue all support resources or information for the software.
4. The terms in this addendum supersedes any related terms in this EULA.
5. You acknowledge and understand that there are no plans for future development of this software (i.e., bug fixes or enhancements).
6. RMC reserves all rights to the software, collateral, and methodology, including the right to resume charging for future versions of the software.
7. No other entity may offer the software for download or sale without the
expressed written consent of RMC.
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License Agreement Legal Version: foresight_license_agreement_version_free_v1.0