This is a legal document between you (the "User") and The WEBworks. It is important that you read this document before using the WACI Software (the "Software") and any accompanying documentation (the "Documentation"). By using the Software and taking such other actions as may be referenced in this License Agreement as constituting acceptance (if any), you agree to be bound by the terms of this agreement. If you do not agree, you are not licensed to use the Software, and you must refrain from any further use of the Software and accompanying Documentation.
This Software is made available by The WEBworks for use in connection to various WEBworks products and services and to allow you to access compatible data and is protected by copyright. You acknowledge and understand that this Agreement does not give you any right of access to WEBworks data. All access and use to WEBworks services by means of the Software, including any charges for such access and use, shall be governed by the terms of the applicable WACI user agreement ("WACI User Agreement").
Price. Beta testers agree that there shall be no charge for using the software according to the terms of this Agreement.
Other Restrictions. User may not loan, lease, share, distribute or transfer the Software or Documentation to third parties, nor reverse engineer or otherwise attempt to discern the source code of the Software. Further, the User may not reproduce all or any portion of the Software (except as expressly permitted in this Agreement) or the Documentation. User agrees to notify its employees and agents who may have access to the Software of the restrictions contained in this Agreement to ensure their compliance with these restrictions.
Title. Title to the Software is not transferred to User.
The performance of the Software varies with various manufacturers' equipment with which it is used. The WEBworks does not warrant the level of performance of the Software or that earlier versions superseded by new versions (whether or not distributed or made available to the User) will continue to be capable of access to and use with current versions of the Software. The WEBworks does not warrant that the Software or the functions contained in the Software will meet the User's requirements, operate without interruption or be error free.
This Agreement covers the use of Beta versions of the Software. Beta versions of the Software are known to contain errors. The user of the Beta versions of the Software understands and accepts that there are risks involved in using Beta versions of software, and these risks are the sole responsibility of the User.
Limitation of Liability. User's exclusive remedy for breach by The WEBworks to its limited warranty shall be the return of any fee paid by User during the previous 30 days of use of the Software by the User. In no event will The WEBworks be liable for any lost profits or other damages, including direct, indirect, incidental, special, consequential or any other type of damages, arising out of this Agreement or the use of the Software licensed hereunder, even if The WEBworks has been advised of the possibility of such damages.
Effect of Agreement. This Agreement embodies the entire understanding between the parties with respect to, and supersedes any prior understanding or agreement, oral or written, relating to, the Software.
Governing Law. This Agreement will be governed by and construed under the laws of the State of California, U.S.A.
General Provisions. Neither this Agreement nor any portion hereof may be assigned, sublicensed or otherwise transferred by User. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby. Failure of a party to enforce any provisions of this Agreement does not constitute and should not be construed as a wavier of such provision or of the right to enforce such provision.
Export Laws. The Software, the Software technology and its related Documentation may not be exported or re-exported in violation of the U.S. Export Administration Act and its implementing regulations.
The Software, Documentation and any other accompanying materials are commercial computer software provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the government is subject to restrictions as set forth in (a) this agreement pursuant to DFARs 227.7202-3(a); (b) subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARs 252.227-7013; or (c) the Commercial Computer Software Restricted Rights clause at FAR 52.227-19 subdivision (c)(1) and (2), as applicable.
As a beta tester, you are entitled to use the Software on a limited basis at no charge. You may enter up to ten (10) accounts with up to one hundred (100) items each.
The beta Software may be taken out of service at any time. You will be given 30 days advance notice if this occurs.
You may be contacted by the Software authors via email for feedback regarding the use of the Software. If you fail to respond to three consecutive inquiries your eligibility for continued use of the beta Software will be dropped, and you will be given 30 days notice. At the end of that period your access to the Software will be terminated.
Under no circumstances shall your access to the Software under these terms extend beyond twelve (12) months.
I have read and understood the Terms Of Use and I accept and agree to them:
Signature: ______________________________ Date: ___________
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