Cove Systems Software License

BEFORE PURCHASING, INSTALLING OR USING THIS SOFTWARE (Stream V - Integrated Business Software ), YOU SHOULD CARFULLY READ THE FOLLOWING LICENSE AGREEMENT. THIS DOCUMENT DEFINES THE TERMS AND CONDITIONS UNDER WHICH COVE SYSTEMS LICENSES SOFTWARE. PURCHASING, INSTALLING OR USING THIS SOFTWARE INDACATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

This is a license agreement and not an agreement for sale. Cove Systems owns, or has licensed from the owner, the copyrights in the software. You obtain no rights other then the license granted by this agreement. Title to the System, and any copy made from it, is retained by Cove Systems.  Cove Systems licenses your use of it in the United States and worldwide.

You assume all responsibility for: the selection of the Software to achieve your intended results; your use of the software; and the results obtained from your use of the software.  Cove Systems has not made any determination as to the appropriateness of the software for your intended use.  You acknowledge that you have been provided a copy of the software for evaluation prior to licensing the software.

The following section entitled "License Information" contains additional information concerning the Software, and any related System Services. Note: You may be provided with third party products as part of the software. Refer to the licensing information provided with them.

LICENSE

You may:

1) Install and use the software only on one system at a time; unless permission to use it on more then one system at any one time is granted in the license Information (Authorized Use).  In the case of a multi-user system, one system is defined as one Network, or Terminal Server, the stations of which are unable to use the software unless they are attached to the network.

2) Make copies of the System for backup purposes only in support of your Authorized Use.

3) Transfer your software license to another party by transferring this copy of the Cove Systems, Systems License Agreement, the License Information and all other documentation along with at least one complete, unaltered copy of the System. You must, at the same time, either transfer to such other party, or destroy all of your other copies of the System, including modified copies, derivative copies, or portions of the System merged into other programs.  Such transfer terminates right to use the software, but does not relieve you of any of the obligations in the license agreement.  Cove Systems is not obligated to transfer any existing support obligations to the new licensee. You shall reproduce and include the copyright notice(s) on all such copies of the System, in whole or in part.  The new licensee must deliver a signed copy of this license agreement, and pay a transfer fee, prior to taking possession of or use of the software.

You MAY NOT:

1) Use, copy, modify, merge, or transfer copies of the software except as provided in this Agreement;

2) Reverse assemble or reverse compile the software;

3) Sublicense, rent, lease, or assign the software, or any part thereof;

4) Modify the software and / or merge it into another program;

5) Allow non-employees of your company access to the software with out written permission from Cove Systems.

 

LIMITED WARRANTY

Warranty details and limitations are described in the following Statement of Limited Warranty.

SUCH WARRANTIES ARE IN LIEU OF ALL OTHERS WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

LIMITATIONS OF REMEDIES

Cove System's entire liability and your exclusive remedy shall be as follows:

1) Cove Systems will provide the warranty described in Cove System’s Statement of Limited Warranty for software written by Cove Systems.  If Cove Systems does not replace defective media or, if applicable, make the software operate as warranted or replace the software with functionally equivalent software, all as warranted, you may terminate your license and your money will be refunded upon termination of use, the return of all copies of the System and notarized certification that all software has been removed from your system(s).  Refunds are prorated over 1 year from date of Cove Systems Invoice for the software. Only pro-rated software license fees for Cove Software will be refunded.  Non-Cove Systems software is warranted by the original manufacturer, contact them for warranty claims.

2) For any claim arising out of Cove System's limited warranty, or for any other claim whatsoever related to the subject matter of this Agreement, Cove System's liability for actual damages, regardless of the form of action, shall be limited to one-half the license fee paid to Cove Systems for the license for the software that caused the damages or that is the matter of, or indirectly related to, the cause of action.

3) In no event shall Cove Systems be liable for any lost profits, lost savings, or any incidental damages or other consequential damages, even if Cove Systems has been advised of the possibility of such damages, or for any claim by you based on a third party claim.

Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This limited warranty gives you specific rights, and you may have other rights which very from state to state

GENERAL

You may terminate your license at any time by destroying all your copies of the system, or as otherwise described in this agreement.  Cove Systems may terminate your license if you fail to comply with the terms of this Agreement.  Upon such termination, you agree to destroy all your copies of the system.  Any attempt to sublicense, rent, lease or assign, or except as expressly provided herein, to transfer any copy of the system is void.  You agree that you are responsible for payment of any and all taxes, including personal property taxes, resulting from this Agreement.  No action, regardless of form, arising out of this Agreement may be brought by either party more than one year after the cause of the action has arisen, except for breach of the provisions in the Section entitled "License".  This Agreement will be construed under the Uniform Commercial Code of the state in which Cove Systems headquarters are registered. All legal issues will be resolved in the County Court of the County in which Cove Systems headquarters are located at the time the action is raised.

Statement of Limited Warranty (Media and Software)

Cove Systems, Inc. grants the fallowing limited warranty for this Cove Systems Licensed Software which consists of software, data, file structures, manuals, and other copyrighted material, if this copy of the Software is delivered by Cove Systems, an Cove Systems Authorized Dealer, or any other Cove Systems approved supplier for his system to the user  (Such a user is referred to herein as "original user") a "user" shall mean a customer who acquired possession of and is licensed to use this copy of the System for its own use within its own business enterprise. Any unused portion of the Warranty Period may be conveyed to another user.

1. MEDIA

The warranty Period for the media on which the software is recorded is for three (3) months from the date of its delivery to the original user, as evidenced by receipt. Cove Systems warrants that this media will be free from defects in material and workmanship under normal use during the Warranty Period. If notified during the Warranty Period that the media contains such defects, Cove Systems will replace such media.

2. SOFTWARE

The Warranty Period for this software is for (3) three months from the date of its delivery to the original user, as evidenced by receipt, or as long as a paid up Software Maintenance Agreement is maintained.  Cove Systems warrants that this System, if left unaltered, will conform to the specifications in the Cove Systems documentation in effect for the software during the Warranty Period, when such System is properly used on a machine for which it was designed.  Proper use includes the appropriate configuration and data.

If notified during the Warranty Period that the software contains defects such that it does not conform to its specifications, Cove Systems will: 1) attempt to make the software operate as warranted; a) if prior to the Service Expiration Date, by providing a correction, or, b) if after the Service Expiration Date, by providing any existing corrections, or 2) replace the software with functionally equivalent software, as determined by Cove Systems, or 3) at the sole discretion of Cove Systems, by refunding the software license fee pro-rated over the Warranty Period.

Cove Systems does not warrant that any other defects in the software will be corrected or that the operation of the software will be uninterrupted. This limited warranty will apply only if the software is licensed, and used, in accordance with the terms of this Agreement.

THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR EMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILTY AND FITNESS FOR A PARITCULAR PURPOSE.

Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This limited warranty gives you specific rights, and you may have other rights which very from state to state

Specific Operating Environment: Cove Systems software will run in the environments posted on the Cove Systems Web Site for the version of software delivered.

Software support is available from either Cove Systems, or your Authorized Cove Systems Reseller. Support is provided for the first 30 days after purchased at no charge.  After that, support service and updates are provided based on a Cove Systems Support or Software Maintenance Agreement; or billed on a time & materials basis.  See the Support section of the Cove Systems website. 

Upon request, Cove Systems will respond to a defect in an unaltered supported released of the Cove Systems software.  Cove Systems will respond by either: issuing a software update fixing the defect, providing a work around, or additional documentation as determined by Cove Systems to be most appropriate.  This defect support is applicable only if a defect occurs in the operating environment in which the product was licensed to be used under normal operating conditions.  Defects will be repaired in the customer’s version or current version of the software at the discretion of Cove Systems.  Using the current version of the software may require you to perform significant update, conversion or training tasks, some of which may be charged for by Cove Systems.

Cove Systems, Inc.

 

          Licensee:

Name:          ________________________________________

          Title:            ________________________________________

          For:              ________________________________________

          On:              _____________

 

          Licensor:

          Date: _______________

          User Count Licensed by Cove: ________________ 

On Platform: _______________________________________

          Restrictions:________________________________________

                              ________________________________________

                              ________________________________________

          For Cove Systems

Name:________________________________________

Title:  ________________________________________