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Alliance Computer Services Inc.

Software License Agreement

THIS AGREEMENT IS A LEGAL DOCUMENT. READ IT CAREFULLY BEFORE USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO DO SO, UNINSTALL THE SOFTWARE FROM ANY AND ALL COMPUTERS.

 

  1. License

This Agreement allows authorized user to:

(a) Install and use the Software on a single computer and make one copy of the Software in machine – readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software.

(b) Install the Software on a storage device, such as a network server, and run the Software on an internal network, provided the number of concurrent users does not exceed the number of copies of the Software purchased. A copy of the Software must be purchased for each such user.

(c) If you have purchased a multi-user license for the Software product, such as a negotiated license, or a license to make multiple installations of the Software, you may concurrently use the number of copies of the Software authorized by that purchase.

  1. Software License Agreement (SLA)

You must enter into Alliance Computer Services Inc. Software License Agreement if you wish to use this software. This license shall certify that the authorized activation of this agreement recognizes that this document grants a non-transferable license to use ShopController Automotive Software.

  1. License Restrictions

You may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

You may not rent, lease or sublicense the Software. You may not modify the Software or create derivative works based upon the Software. You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations there under.

  1. Purpose:

The purpose of this license agreement is to provide ShopController’s users the most up to date product with a “Supported” rather than purchased software. Making software available to end users this way builds a larger base of users and solidifies the product in the automotive software industry and contributes to a stronger evolution of solid supported software.

  1. Ownership

(a) The foregoing license gives you limited rights to use the Software. Although you own the media on which the Software is recorded, you do not become the owner of the software, and Alliance Computer Services Inc. retains title to the Software. This License shall automatically terminate unless it is renewed annually (Annual Service Agreement) on or before the anniversary date.

(b) If the software is licensed monthly the service agreement is included except for the “Lite Version”, which can be licensed with or without a service agreement. A renewal message will appear in the software thirty days prior to termination of license for all versions.

No data will be lost and all data will be available upon renewal. ShopController software is copyrighted software and is therefore never owned by the end user. Maintaining current status of a paid up license grants the user access to the software. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by Alliance Computer Services Inc.

Terms and Conditions:

  • The License renewal payment is due and payable in full on the anniversary date.
  • This license is non-transferable except with written permission from Alliance Computer Services Inc.
  • This License grants the user full technical support for ShopController software only, all patches and updates, all new versions for monthly users within the scope of being a paid up licensed user.
  • This is a single site license granting the user the right to operate the software on a single computer at a single location with the only exception being the operation of a multi-user computer network in a single physical location.
  • Technical support is for ShopController software only. Networking and other non -software related support can be supplied for an hourly charge.
  1. Limited Warranties

(a) NO WARRANTIES. Alliance Computer Services Inc. expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT 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 PRODUCT remains with you. There are no-refunds for this product. All sales are final.

(b) No oral or written information or advice given by Alliance Computer Services Inc., its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty.

  1. Exclusive Remedy

Your exclusive remedy under Section 6 is to return the Software to the place you acquired it, with a copy of your receipt and a description of the problem. Alliance Computer Services Inc. will use reasonable commercial efforts to supply you with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective media, or direct you to an Online Download Site, at its option.

Alliance Computer Services Inc. shall have no responsibility if the Software has been altered in any way, if the media has been damaged by accident, abuse or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware configuration.

  1. Limitations of Damages

(a) ALLIANCE COMPUTER SERVICES INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ALLIANCE COMPUTER SERVICES INC. OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(b) YOU, THE USER OF ANY ALLIANCE COMPUTER SERVICES INC. SOFTWARE, ASSUME ALL RESPONSIBILITY AND LIABILITY OF DAMAGES CAUSED BY USING SAID SOFTWARE.

(c) ALLIANCE COMPUTER SERVICES INC.’S TOTAL LIABILITY (IF ANY) TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.

  1. Basis of Bargain

The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the agreement between Alliance Computer Services Inc. and you. Alliance Computer Services Inc. would not be able to provide the Software on an economic basis without such limitations.

  1. (USA only) Government End Users RESTRICTED RIGHTS LEGEND

This software is “Restricted Computer Software.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS252.227-7013 (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer: ALLIANCE COMPUTER SERVICES INC. 4850 E Baseline Rd Suite 107, Mesa, AZ 85206

  1. (Outside of the USA only) Consumer End Users

The limitations or exclusions of warranties and liability contained in this agreement do not affect or prejudice the statutory rights of a consumer; i.e., a person acquiring goods otherwise than in the course of a business.

  1. General

This Agreement shall be governed by the internal laws of the State of Arizona, USA. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.

All questions concerning this Agreement shall be directed to: ALLIANCE COMPUTER SERVICES INC. 4850 E Baseline Rd Suite 107, Mesa, AZ 85206, USA, Attention: Chief Operations Officer. Alliance Computer Services Inc., any Alliance Computer Services Inc. products referenced herein are trademarks or registered trademarks of Alliance Computer Services 4850 E Baseline Rd Suite 107, Mesa, AZ 85206.

 

Any deviations from this document must be authorized in writing by Alliance Computer Services Inc. By Accepting and approving this agreement it is understood that the above conditions are acceptable and agreed to. Any questions please contact Alliance Computer Services Inc. 800-898-0100

Send mail [email protected] with questions or comments

Alliance Computer Services Inc. Software Lease Agreement