Software License Agreement
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS.
By downloading or using any files or software from People Technology Consulting, Inc.
you agree to be bound by these terms and conditions.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD OR USE ANY FILES.
This License grants you a non-exclusive license to use the People Technology Consulting, Inc. files or software and
related documentation ("Software") as indicated herein:
License: You may: (a) use within a single working location and (b) copy the Software
in machine readable form solely for back-up purposes; provided you reproduce the People Technology Consulting, Inc.
copyright notice and proprietary legends.
Restrictions: You may not distribute copies of the Software.
The Software contains trade secrets and in order to protect them you
may not decompile, reverse engineer, disassemble, or otherwise reduce
the Software to a human perceivable form. YOU MAY NOT MODIFY, ADAPT,
TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE OR CREATE
DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF. Any attempt to do so is a violation of the rights
of People Technology Consulting, Inc. and its licensors of the Software. If you breach this restriction, you may be
subject to prosecution and damages. THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR
FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR
OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, SEVERE PHYSICAL DAMAGE
OR ENVIRONMENTAL DAMAGE.
Ownership: The Software is copyrighted by, proprietary to and a
trade secret of People Technology Consulting, Inc.
People Technology Consulting, Inc. retains the title, ownership and intellectual property rights in and to the
Software and all subsequent copies regardless of the form or media.
The Software is protected by the copyright laws of the United States
and international copyright treaties. This License is not a sale of
Termination: This License is effective until terminated. This
License will terminate automatically without notice if you fail to
comply with any of the provisions. Upon termination you shall destroy
all copies of the Software including any partial copies.
Disclaimer of Warranty: YOU ACCEPT ALL RISKS WHICH MAY ARISE
FROM THE DOWNLOADING OR USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED
TO ERRORS IN TRANSMISSION OR CORRUPTION OF EXISTING DATA OR SOFTWARE.
PEOPLE TECHNOLOGY CONSULTING, INC. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND
SPECIFICALLY DISCLAIMS ANY WARRANTY OF NONINFRINGEMENT OF THIRD
PARTIES' RIGHTS, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A
PARTICULAR PURPOSE. Some states do not allow the exclusion of implied
warranties or limitations of how long an implied warranty may last, so
the above exclusion may not apply to you. You may also have other
rights which vary from state to state.
Limitation of Liability: UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PEOPLE TECHNOLOGY CONSULTING, INC.
OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
DATA, GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF PEOPLE TECHNOLOGY CONSULTING, INC.
SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Refund Policy: All sales are final. Regardless of evaluation/demo version request,
availability, or use, there will be ABSOLUTELY NO REFUNDS FOR PURCHASED SOFTWARE.
There are absolutely no exceptions; no returns, no refunds, no credits on software regardless of delivery method.
In the case of physical media (such as a CD/DVD) which is damaged as result of shipping only an identical
version may be replaced at the sole discretion of People Technology Consulting, Inc.
Export: By downloading, you acknowledge that the laws and
regulations of the United States restrict the export and re-export of
the Software. Further, you agree that you will not export or re-export
the Software or media in any form without the appropriate United
States and foreign government approval.
U.S. Government Restricted Rights: If the Software is acquired
under the terms of a GSA contract, use, reproduction or disclosure is
subject to the restrictions set forth in the applicable ADP Schedule
contract. If the Software is acquired under the terms of a DoD or
civilian agency contract, use, duplication or disclosure by the
Government is subject to the restrictions of this License in
accordance with 48 C.F.R. 12.212 of the Federal Acquisition
Regulations and its successors and 48 C.F.R. 227.7202-1 of the DoD FAR
Supplement and its successors.
General: You agree this is the complete agreement concerning
this License. In order to amend this License, a writing executed by
both parties is required. You assume full responsibility for the legal
and responsible use of the Software. This License shall be governed by
Illinois law as such law applies to agreements between Illinois
residents entered into and to be performed within Illinois, except as
governed by Federal law. Should any provision of this License be
declared unenforceable in any jurisdiction, then such provision shall
be deemed to be severable from this License and shall not affect the
remainder hereof. All rights in the Software not specifically granted
in this License are reserved by People Technology Consulting, Inc.