End User Agreement

THIS IS A CONTRACT BETWEEN YOU AND BRYANT Research Systems CC, SOUTH AFRICA. BY USING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

If you do not agree with the terms and conditions of this Agreement, do not continue in the set up site process and return this software to the reseller where you obtained it.

This package contains software (Software) and related explanatory written materials (Documentation). The term Software shall also include any upgrades, notified versions, updates, additions and copies of the Software licensed to you by BRYANT Research Systems. BRYANT Research Systems grants to you a non-exclusive license to use the Software and Documentation, provided that you agree the following:

1. Use of the Software.

You may: Install the Software in a single location on a hard disk or other storage device of up to the number of computers indicated in the license agreement. Provided the Software is configured for network use, install and use the Software on a single file server for use on a single local area network for either (but not both) of the following purposes:

1.1 permanent installation onto a hard disk or other storage device of up to the permitted number of computers, or

1.2 use of the Software over such a network, provided the number of different computers on which the Software is used does not exceed the permitted number of computers.

The primary user of each computer on which the Software is installed or used may also install the Software on one home or portable computer. However, the Software may not be used on the secondary computer by another person at the same time the Software on the primary computer is being used.

Make one backup copy of the Software, provided your backup copy is not installed or used on any other computer.

2. Copyright.

The Software is the intellectual property of BRYANT Research Systems and is protected by U.S./South African copyright law, international treaty provisions, and applicable laws of the country in which it is being used in. The structure, organization and code of the Software are the valuable trade secrets and confidential information of BRYANT Research Systems. Therefore you must treat the Software just as you would any other copyrighted material such as a book. In other words, you may not copy the Software or the Documentation except as set forth in the section 1 of this license agreement. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices which appear on or in the Software. You agree not to modify, adapt, translate, reverse engineer, de-compile, disassemble or otherwise attempt to discover the source of the Software. Registered trademark shall be used in accordance with accepted trademark practice, including identification of trademark owner's name.
Trademarks can only be used to identify printed output produced by the Software. The use of any trademark as herein authorized does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any rights to intellectual property rights in this Software.

Requests for information can be directed to Software Development, BRYANT Research Systems, PO BOX 654, RONDEBOSCH, CAPE TOWN, 7701, SOUTH AFRICA.

2. Transfer

You may not rent, lease, sub-license, or lend the Software or Documentation. You may not transfer your rights to use the Software to another person or legal entity. Should you provided that you transfer this Agreement and transfer (or destroy), the Software, including all copies, updates and prior versions, and all Documentation to such person or entity and provided that you retain no copies, including copies stored on your computer.

3. Limited Warranty

BRYANT Research Systems warrants to you that the Software will perform substantially in accordance with the Documentation for 90 day period following your receipt of the Software. To make a warranty claim, you must return the Software to the location where you obtained it along with a copy of your sales receipt within 30 day period. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability of BRYANT Research Systems and its distributors, and your exclusive remedy shall be limited to either, at BRYANT Research Systems option, the replacement of the Software or the refund of the license fee you paid for the Software.

BRYANT Research Systems AND ITS DISTRIBUTORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR BRYANT Research Systems OR ITS DISTRIBUTOR'S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, BRYANT Research Systems AND ITS DISTRIBUTORS MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OFTHIRD PARTY RIGHTS, MERCHANTABILITY, SUITABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL BRYANT Research Systems OR ITS DISTRIBUTORS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A BRYANT Research Systems REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

4. Jurisdiction & Disputes

A. This Agreement and the Limited Warranty shall be governed by the laws of South Africa without giving effect to its choice of law provisions.

B. All disputes hereunder shall be resolved in the applicable courts of South Africa. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.

If you have any questions regarding this agreement or if you have any questions regarding to this Agreement or if you wish to request any information from BRYANT Research Systems, please write BRYANT Research Systems, PO BOX 654, RONDEBOSCH, CAPE TOWN, 7701, SOUTH AFRICA. +27 (0)832482476

BRYANT Research Systems logos are registered trademarks of BRYANT Research Systems CC.

All the other product names are registered trademarks of their respective holders.

 

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