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LICENCE AGREEMENT

IMPORTANT - READ CAREFULLY: This licence agreement is a legal agreement between you (either an individual or a single entity) and Madrigal Soft Tools Inc. for use of ResSched. By using ResSched you agree to be bound by the terms of this agreement. If you do not agree to the terms of this licence agreement you must remove (uninstall) all copies of ResSched from your workstations and network servers.


Limited Use Licence

MADRIGAL, the licenser, grants to you, the end user organization, a perpetual non-exclusive licence to use the copy of the software program(s) provided to you (the "MADRIGAL Software")  for your own internal corporate purposes in accordance with the following terms and conditions. The number of individual end-users within your organization entitled to use the MADRIGAL Software to create or edit (read/write) data shall not exceed the number of update access end-users specified at the time the licence was purchased. The number of individual end-users within your organization entitled to use the MADRIGAL Software only to view (read-only) data shall not exceed the number of view-only end-users specified at the time the licence was purchased. End user organizations may use the Evaluation Version of the MADRIGAL Software without limitation on the number and type of end users only during the evaluation period.  


Title

This licence is not a sale of the MADRIGAL Software or a sale of a copy of the MADRIGAL Software. MADRIGAL retains title and ownership of the Madrigal Software delivered by electronic medium or recorded on the original disk delivered to you and all copies made, regardless of the form or media on or in which the original or any copy may exist. MADRIGAL is selling to you the physical media, if any, on which the MADRIGAL Software is delivered and licensing you to use for limited purposes the MADRIGAL Software.  MADRIGAL retains all other rights in the MADRIGAL Software and associated documentation delivered, in paper or electronic form, with the MADRIGAL Software (the "Documentation").


Copying

The MADRIGAL Software and the Documentation are subject to copyright protection.  MADRIGAL hereby permits the Licensee to make copies of the MADRIGAL Software and the Documentation for its own internal, archival purposes only, provided that such copies of the MADRIGAL Software and/or Documentation remain within the possession and control of the Licensee, MADRIGAL copyright notices are replicated or remain affixed or embedded in the Software and/or Documentation, and you do not take credit for or re-sell the MADRIGAL Software and/or Documentation.
Express Restrictions on Use and Transfer


You may not and your employees may not:

modify, reverse engineer, decompile, create other works from, or disassemble the MADRIGAL Software;

modify, adapt or create other works based upon the MADRIGAL Software or the Documentation;

rent, sublicense, or otherwise distribute the MADRIGAL Software or Documentation, or any rights therein to any person or entity; or

post or upload the MADRIGAL Software other than the Evaluation Version to any electronic bulletin board, on-line service or other electronic network accessible by third parties.

In the event that you have received an evaluation version of the MADRIGAL Software ("Evaluation Version"), you are authorized to distribute the Evaluation Version to third parties provided that you make the third party aware it is an evaluation version only and is subject to these licensing terms.

If you wish to transfer the MADRIGAL Software other than the Evaluation Version to a third party, you must first notify MADRIGAL, destroy all back-up or archival copies of the MADRIGAL Software and then have the transferee provide MADRIGAL with an acknowledgment of the terms of this License Agreement.


Term

This licence is effective until terminated. You may terminate the licence at any time by returning the MADRIGAL Software and all Documentation to MADRIGAL, by removing or deleting the MADRIGAL Software from the memory of the computer into which the MADRIGAL Software has been transferred, destroying or returning to MADRIGAL all copies of the Software on disc or other media and, if requested by MADRIGAL, providing MADRIGAL with an officer's certificate attesting to the foregoing. This licence will be terminated by MADRIGAL immediately and without notice in the event that you fail to comply with any term or condition hereof. Upon any termination, you will return to MADRIGAL, at your expense, the Software and Documentation and any copies thereof whether or not the copying was authorized hereunder and remove or delete the MADRIGAL Software from the memory of the computer into which the MADRIGAL Software has been transferred.


Limited Warranty and Disclaimer of Liability

The Software is licensed "as is".  However, in the event that you have received the MADRIGAL Software from Madrigal on physical media, MADRIGAL warrants the media on which the Software resides to be free from defective materials or workmanship in normal use for one (1) year from the date of original purchase.  If a defect appears during the warranty period, return the diskette to MADRIGAL for free replacement. No dealer, company or person is authorized to expand or alter any portion of these warranties or this Agreement, and such representation will not bind MADRIGAL.  

APART FROM THE FOREGOING, THERE ARE NO OTHER OR FURTHER REPRESENTATIONS, WARRANTIES, PROMISES OR GUARANTEES.  ANY IMPLIED WARRANTIES COVERING THE DOCUMENTATION, THE MAGNETIC MEDIA OR THE MADRIGAL SOFTWARE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE, TO THE EXTENT PERMITTED BY LAW, HEREBY WAIVED BY THE END-USER.  IN NO EVENT SHALL MADRIGAL BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES INCLUDING LOSS OF PROFIT OR DAMAGES FOR BUSINESS INTERRUPTION.  

The maximum liability of MADRIGAL in the event that any of the above limitations are held unenforceable shall not exceed the license fee paid by you, regardless of the form of any claim.


Miscellaneous

The validity and performance of this Licence Agreement shall be governed by British Columbia law. This Licence Agreement is deemed entered into at Victoria, British Columbia. This Licence Agreement shall enure to the benefit of MADRIGAL and its successors and assigns.
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