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SalesOutlook® End-User Subscription Agreement
IMPORTANT-READ CAREFULLY: This SalesOutlook, Inc End-User
Subscription 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
installing, 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 SUBSCRIPTION
The SOFTWARE is protected by copyright laws
and international copyright treaties, as well as other
intellectual property laws and treaties. The SOFTWARE is
provided as an Annual Subscription, not sold. SalesOutlook, Inc
is the exclusive owner of the Software and the Documentation.
SalesOutlook, Inc grants to you a non-exclusive, Annual
Subscription 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 Subscription you have purchased, and you
may make one copy of the Software solely for back-up purposes.
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 Subscriptions from
SalesOutlook, Inc.
2.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
1)
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.
2)
Separation of Components. The component parts of the SOFTWARE
may not be separated for use on more than one computer.
3)
Rental. You may not rent, lease, or lend the SOFTWARE.
4)
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.
5)
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.
6)
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.
7)
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.
UPGRADES.
If the SOFTWARE is labeled as an upgrade,
you must be properly subscribed to use software identified by
SalesOutlook, Inc as being eligible for the upgrade in order to
use the SOFTWARE. SOFTWARE labeled as an upgrade replaces and/or
supplements the software that formed the basis for your
eligibility for the upgrade. You may use the resulting upgraded
software only in accordance with the terms of this AGREEMENT. If
the SOFTWARE is an upgrade of a component of a package of
software programs that you have Subscribed to, the SOFTWARE may
be used and transferred only as part of that single product
package and may not be separated for use on more than one
computer.
4.
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.
5.
DUAL-MEDIA SOFTWARE.
You may receive the SOFTWARE in more than
one medium. Regardless of the type or size of medium you
receive, you may use only one medium that is appropriate for
your single computer. You may not use or install the other
medium on another computer. You may not loan, rent, lease, or
otherwise transfer the other medium to another user, except as
part of the permanent transfer (as provided above) of the
SOFTWARE.
6.
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.
7.
EXPORT RESTRICTIONS.
You acknowledge that the SOFTWARE and
documentation Subscription 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.
8.
MISCELLANEOUS
By downloading and/or installing 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/contact.asp
<http://www.salesoutlook.com/contact.asp>.
9.
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 non-infringement. The entire risk
arising out of use or performance of the SOFTWARE remains with
you.
10. 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. Because
some states/jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages,
the above limitation may not apply to you.
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