IMPORTANT-READ CAREFULLY: This
SalesOutlook,Inc
End-User License and Warranty
Agreement (the "Agreement") is a legal agreement between you (either
an individual or a single entity) and SalesOutlook,Inc
Corporation for the SalesOutlook, Inc. software identified above, which
includes computer software components and may include associated media, printed
materials, and "online" or electronic documentation
("SOFTWARE"). By subscribing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this
AGREEMENT. If you do not agree to the terms of this AGREEMENT, do not install or use the SOFTWARE.
SOFTWARE LICENSE
The SOFTWARE is protected by
copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties. The SOFTWARE
is licensed, not sold. SalesOutlook,Inc
is the exclusive owner of the Software and the Documentation. SalesOutlook,Inc grants to you a non-exclusive license to use the Software
and the Documentation on the following terms.
1. SOFTWARE.
You may install and use one copy of the Software for each
user license you have subscribed. If you wish to expand the number of users who
can access the Software beyond the number for whom you have purchased
subscriptions, you may purchase additional licenses from
SalesOutlook,Inc
.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
1) Rental. You may
not rent, lease, or lend the SOFTWARE.
2) Support and Updates Services. SalesOutlook,Inc provides
maintenance and/or technical support (including upgrades and enhancements) for the Software only
through separate Software Support Agreements. Please contact SalesOutlook,Inc if you wish to
obtain support through the execution of such agreement.
3) Software Transfer. You may
permanently transfer all of your rights under this
AGREEMENT, provided you retain no copies, you transfer all of the SOFTWARE
(including all component parts, the media and printed materials, any upgrades,
this AGREEMENT, and, if applicable, the Certificate of Authenticity), and the
recipient agrees to the terms of this AGREEMENT. If the SOFTWARE is an upgrade,
any transfer must include all prior versions of the SOFTWARE.
4) Performance or Benchmark Testing.
You may not disclose the results of any benchmark test using the SOFTWARE to
any third party without SalesOutlook,Inc's
prior written approval.
5) Termination. Without prejudice to
any other rights, SalesOutlook,Inc
may terminate this AGREEMENT if you fail to comply with the terms and
conditions of this AGREEMENT. In such event, you must
destroy all copies of the SOFTWARE and all of its
component parts.
3. COPYRIGHT.
All title and copyrights in and to the SOFTWARE (including
but not limited to any images, photographs, animations, video, audio, music,
text, and "applets" incorporated into the SOFTWARE), the accompanying
printed materials, and any copies of the SOFTWARE are owned by SalesOutlook,Inc or its suppliers.
The SOFTWARE is protected by copyright laws and
international treaty provisions. Therefore, you must treat the SOFTWARE like
any other copyrighted material except that you may install the SOFTWARE on a
single computer provided you keep the original solely for backup or archival
purposes. You may not copy the printed materials accompanying the SOFTWARE.
4. U.S. GOVERNMENT RESTRICTED RIGHTS.
The SOFTWARE and documentation are provided with RESTRICTED
RIGHTS. Use, duplication, or disclosure by the 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 at 48 CFR
52.227-19, as applicable.
5. EXPORT RESTRICTIONS.
You acknowledge that the SOFTWARE and documentation licensed
hereunder are subject to the export control laws and regulations of the U.S.A.,
and any amendments thereof. You confirm that with respect to the SOFTWARE and
Documentation, you will not export or re-export them, directly or indirectly,
to any country that is subject to U.S.A. export restrictions. You further
acknowledge that the SOFTWARE may include technical data subject to export and
re-export restrictions imposed by U.S.A. law.
6. MISCELLANEOUS
By configuring the SOFTWARE, you agree that this AGREEMENT
shall be governed by the laws of the United States of America
and you further agree that venue and jurisdiction for all disputes relating to
the SOFTWARE and/or this AGREEMENT shall lie in Fulton County in the State of
Georgia. An automated email or web interaction may occur periodically to verify
licensing information. Should you have
any questions concerning the SOFTWARE or this AGREEMENT, or if you desire to
contact SalesOutlook, Inc. for any reason, please contact your local
SalesOutlook Certified Partner or contact SalesOutlook, Inc. directly by
visiting www.SalesOutlook.com.
7. LIMITED WARRANTY
NO WARRANTIES. SalesOutlook,Inc
expressly disclaims any warranty for the SOFTWARE. The SOFTWARE and any related documentation is provided "as is" without warranty of any kind,
either express or implied, including, without limitation, the implied
warranties or merchantability, fitness for a particular purpose, or
noninfringement. The entire risk arising out of use or
performance of the SOFTWARE remains with you.
8. NO LIABILITY FOR DAMAGES.
In no event shall SalesOutlook,Inc or its suppliers be liable for any damages whatsoever (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 of or inability to use this SalesOutlook,Inc SOFTWARE, even if SalesOutlook,Inc has been advised of the possibility of such damages.