READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING THISSOFTWARE. PROCEEDING WITH INSTALLATION INDICATES YOUR ACCEPTANCE OF THESETERMS AND CONDITIONS.
YOU MUST BE A REGISTERED OWNER TO USE THIS PRODUCT, AND MUST HAVE PURCHASEDIT FROM PATIN ASSOCIATES, INC. OR ONE OF ITS LICENSED DISTRIBUTORS.
PRINT THIS DOCUMENT: Instructions on installing C&F Manager can be foundat the end of this document.
1) LICENSE: It is understood and agreed that this is a license agreement("License Agreement") only between you, the purchaser and/or recipient ofthe license rights granted by this Agreement (referred to as "Licensee" or"You"), and Patin Associates, Inc. (the "Licensor"). In this license Agreement,the accompanying software ("Software") and documentation ("Documentation")and any copies or modifications are referred to as the "Licensed Product".All rights to and in the Licensed Product, including, but not limited to,copyrights, trademarks, and trade secret rights, belong to Licensor exceptfor any third party names, logos, and trademarks which may appear with theLicensed Products. Licensor holds title to each copy of the Software andDocumentation under the protection of the copyright laws and internationaltreaty provisions of the United States. In accordance with the terms andconditions of this License Agreement, Patin Associates, Inc. ("Licensor")grants Licensee the non-exclusive license to use the C&F Manager Softwareon more than one computer at which You (the registered owner) will be working,such as your home and work desktop or portable laptop computers, providedthat no one else, who is not also a registered owner of C&F Manager,be allowed to use or have access to the program. (Immediate household memberssuch as spouse and children are exempted.)
Licensee shall not transfer or distribute the Licensed Product to others,and this Agreement shall automatically terminate in the event of such a transferor distribution. Licensee shall not copy or modify the Licensed Product,except that Licensee may make one copy of the Software for the sole purposeof backup which must remain in your possession only. You may not copy theprinted materials or on-line documentation for other than your own use.
2) TERM: This License Agreement is effective until terminated. Licenseemay terminate this License Agreement by returning the Licensed Product toLicensor. Licensor may terminate this License Agreement if Licensee breachesany of the terms and conditions. Upon termination of this License Agreementfor any reason, Licensee shall return the Licensed Product to Licensor. Allprovisions of this Agreement relating to disclaimers of warranties, limitationof liability, remedies, or damages, and Licensor's proprietary rights shallsurvive termination.
3) OTHER RESTRICTIONS: You may not rent or lease the Software. TheSoftware is delivered in object code only. Licensee shall not reverse compileor otherwise reverse engineer, or disassemble the Software.
4) LIMITED WARRANTY: Licensor does not warrant that the functionscontained in the Licensed Product will meet licensee's requirements or thatthe operation of the Software will be uninterrupted or error-free. Licensordoes warrant that the media on which the Software is furnished will be freefrom defects in materials and workmanship under normal use for a period ofthirty (30) days from the date of delivery ("Warranty Period"). Any othersoftware and any hardware furnished with or accompanying the Software isnot warranted by Licensor. Licensee's exclusive remedy under this limitedwarranty is the replacement of any defective physical media on which theSoftware is furnished, as provided below. To receive a replacement for defectivemedia under this limited warranty, return the defective media to PatinAssociates, Inc. during the Warranty Period, with proof of payment. ThisLimited Warranty is void if failure of the Software has resulted from accident,abuse, or misapplication. EXCEPT AS PROVIDED ABOVE, THE LICENSED PRODUCTIS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITYAND FITNESS FOR A PARTICULAR PURPOSE, AND THE ENTIRE RISK AS TO THE QUALITYAND PERFORMANCE OF THE LICENSED PRODUCT IS WITH LICENSEE.
5) LIMITATION OF LIABILITY: LICENSOR'S SOLE OBLIGATION OR LIABILITYUNDER THIS AGREEMENT IS THE REPLACEMENT OF DEFECTIVE MEDIA ACCORDING TO THELIMITED WARRANTY ABOVE. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANYCONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION,ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF USEOF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION (OR ANY HARDWARE FURNISHEDWITH THE SOFTWARE), EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITYOF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IN NO EVENT SHALL LICENSORBE LIABLE FOR ANY DAMAGES.
6) GENERAL: Any hardware provided to Licensee by Licensor shall notbe exported or re-exported in violation of any export provisions of the UnitedStates or any other applicable jurisdiction. Any attempt to sublicense, assignor transfer any of the rights, duties or obligations hereunder is void. ThisAgreement shall be governed by and interpreted under the laws of the Stateof Illinois, United States of America, without regard to conflicts of provisions.In the case of the United States Government or an agency thereof as Licensee,the following additional terms apply: Restricted Computer Software, as definedin the Rights in Data-General clause at Federal Acquisition Regulations52.227-14; and as applicable,
U.S. GOVERNMENT RESTRICTED RIGHTS
Breda accommodation Use, duplication, or disclosure by the Government is subject to restrictionsas set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data andComputer Software clause at DFARS 252.227-7013, or in subdivision (c)(1)and (2) of the Commercial Computer Software-Restricted Rights Clause at 48C.F.R. 52.227-19, as applicable.
Manufacturer is Patin Associates, Inc., 823 W. Lakeside Pl., Chicago, Illinois60640.
LICENSEE ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS AGREEMENT ANDAGREES TO BE BOUND BY ITS TERMS. LICENSEE FURTHER AGREES THAT THIS AGREEMENTIS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSEEAND LICENSOR, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN,AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
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INSTALLATION INSTRUCTIONS
If you have received the Ziplock installation of this product. You must firstactivate Ziplock and clear your credit card transaction. After executingyour ZipLock purchase, the installation files will have been put into the"C:ZIPLOCK" directory (or whichever directory you specified) on your harddrive. You must then find and execute the "INSTALL.EXE" file in that directory.
Since there is only one installation file you must use a backup or file "zipping"utility (e.g., WinZip or PKZip) to backup the installation onto diskettes.Installation diskettes, if needed, are available from Patin Associates, Inc.to registered users for a small fee.
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