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VIRTUAL CASE MANAGEMENT
END USER LICENSE AGREEMENT
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| IMPORTANT-READ CAREFULLY: This VIRTUAL CASE MANAGEMENT
End-User License Agreement ("EULA") is a legal agreement between
you (either an individual person or a single legal entity, who will be referred
to in this EULA as "You") and VIRTUAL CASE MANAGEMENT Corporation
for the VIRTUAL CASE MANAGEMENT software product that accompanies this EULA,
including any associated media, printed materials and electronic documentation
(the "Software Product").
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| By installing, copying, downloading, accessing or otherwise
using the Software PRODUCT, You agree to be bound by the terms of this EULA.
If You do not agree, do not install, access or use the Software Product.
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| IF YOU DO NOT HAVE A VALIDLY-LICENSED COPY OF THE APPLICABLE
PRODUCT, YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE SOFTWARE
PRODUCT AND HAVE NO RIGHTS UNDER THIS EULA.
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| Software PRODUCT LICENSE
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| The Software Product is protected by copyright and other
intellectual property laws and treaties. VIRTUAL CASE MANAGEMENT or its
suppliers own the title, copyright, and other intellectual property rights
in the Software Product. VIRTUAL CASE MANAGEMENT reserves all rights not
expressly granted to You in this EULA. The Software Product is licensed,
not sold.
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| 1. GRANT OF LICENSE. This Section of the EULA describes
Your general rights to install and use the Software Product The license
rights described in this Section are subject to all other terms and conditions
of this EULA.
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| Components. VIRTUAL CASE MANAGEMENT grants you
a license to use the VIRTUAL CASE MANAGEMENT SYSTEM under the terms and
conditions of the EULA (which are hereby incorporated by reference except
as set forth below), the terms and conditions set forth in this EULA, and
the terms and conditions of any additional end user license agreement that
may accompany. To the extent that there is a conflict among any of these
terms and conditions applicable to the VIRTUAL CASE MANAGEMENT SYSTEM, the
following hierarchy shall apply: 1) the terms and conditions of the Individual
EULA; 2) the terms and conditions in this EULA; and 3) the terms and conditions
of the applicable OS Software EULA.
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| Development Kits (SDK’s and Runtime Libraries).
This EULA does not grant You any rights to the VIRTUAL CASE MANAGEMENT SYSTEM
Software Development Kits incorporated into the software, besides the intended
use within the VIRTUAL CASE MANAGEMENT SYSTEM.
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| 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
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| Limitations on Reverse Engineering, Decompilation,
and Disassembly. You may not reverse engineer, decompile, or disassemble
the Software Product, including any SDK’s, code, codecs or protocols
associated with the Software Product.
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| Trademarks. This EULA does not grant You any rights
in connection with any trademarks or service marks of VIRTUAL CASE MANAGEMENT. |
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| No rental, leasing or commercial hosting. You may
not rent, lease, lend or provide commercial hosting services to third parties
with the Software Product.
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| Support Services. VIRTUAL CASE MANAGEMENT may
provide You with support services related to the Software Product ("Support
Services"). Use of Support Services is governed by the VIRTUAL CASE
MANAGEMENT policies and programs described in the user manual, in "online"
documentation, or in other VIRTUAL CASE MANAGEMENT-provided materials. Any
supplemental software code provided to You as part of the Support Services
are considered part of the Software Product and subject to the terms and
conditions of this EULA. You acknowledge and agree that VIRTUAL CASE MANAGEMENT
may use technical information You provide to VIRTUAL CASE MANAGEMENT as
part of the Support Services for its business purposes, including for product
support and development. VIRTUAL CASE MANAGEMENT will not utilize such technical
information in a form that personally identifies You.
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| Termination. Without prejudice to any other rights,
VIRTUAL CASE MANAGEMENT may terminate this EULA if You fail to comply with
the terms and conditions of this EULA. In such event, You must destroy all
copies of the Software Product and all of its component parts.
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| 3. INTELLECTUAL PROPERTY RIGHTS. All title and
intellectual property rights in and to the Software Product (including but
not limited to any images, photographs, animations, video, audio, music,
text, and "applets" incorporated into the Software Product), the
accompanying printed materials, and any copies of the Software Product are
owned by VIRTUAL CASE MANAGEMENT or its suppliers. All title and intellectual
property rights in and to the content that is not contained in the Software
Product, but may be accessed through use of the Software Product, is the
property of the respective content owners and may be protected by applicable
copyright or other intellectual property laws and treaties. This EULA grants
You no rights to use such content. If this Software Product contains documentation
that is provided only in electronic form, you may print one copy of such
electronic documentation. You may not copy the printed materials accompanying
the Software Product.
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| 4. EXPORT RESTRICTIONS. You acknowledge that the
Software Product is subject to U.S. export jurisdiction. You agree to comply
with all applicable international and national laws that apply to the Software
Product, including the U.S. Export Administration Regulations, as well as
end-user, end-use and destination restrictions issued by U.S. and other
governments.
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| 5. APPLICABLE LAW. If you acquired this Software
Product in the United States, this EULA is governed by the laws of the State
of Washington. If you acquired this Software Product in Canada, unless expressly
prohibited by local law, this EULA is governed by the laws in force in the
Province of Ontario, Canada; and, in respect of any dispute which may arise
hereunder, you consent to the jurisdiction of the federal and provincial
courts sitting in Toronto, Ontario. If this Software Product was acquired
outside the United States, then local law may apply.
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| Should you have any questions concerning this EULA, or
if you desire to contact VIRTUAL CASE MANAGEMENT for any reason, please
contact the VIRTUAL CASE MANAGEMENT Sales Information Center/ 9 Southwest
13th Street Suite 2 Fort Lauderdale, Florida 33315
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| 7. DISCLAIMER OF WARRANTIES. to the maximum extent
permitted by applicable law, VIRTUAL CASE MANAGEMENT and its suppliers provide
the SOFTWARE Product and support services (if any) AS IS AND WITH ALL FAULTS,
and hereby disclaim all other warranties and conditions, either express,
implied or statutory, including, but not limited to, any (if any) implied
warranties, duties or conditions of merchantability, of fitness for a particular
purpose, of accuracy or completeness of responses, of results, of workmanlike
effort, of lack of viruses, and of lack of negligence, all with regard to
the SOFTWARE Product and the provision of or failure to provide support
services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT,
QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH
REGARD TO THE SOFTWARE Product.
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| 8. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN
OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL VIRTUAL CASE MANAGEMENT OR ITS SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER
INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF
PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE
CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER)
ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE
SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES,
OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN
IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY,
BREACH OF CONTRACT OR BREACH OF WARRANTY OF VIRTUAL CASE MANAGEMENT OR ANY
SUPPLIER, AND EVEN IF VIRTUAL CASE MANAGEMENT OR ANY SUPPLIER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
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| 9. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING
ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES),
THE ENTIRE LIABILITY OF VIRTUAL CASE MANAGEMENT AND ANY OF ITS SUPPLIERS
UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE
FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY VIRTUAL
CASE MANAGEMENT WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL
BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE
PRODUCT OR U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS
(INCLUDING SECTIONS 8 AND 9 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE
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| 10. ENTIRE AGREEMENT. This EULA (including any
addendum or amendment to this EULA which is included with the Software Product)
is the entire agreement between you and VIRTUAL CASE MANAGEMENT relating
to the Software Product and the support services (if any) and they supersede
all prior or contemporaneous oral or written communications, proposals and
representations with respect to the Software Product or any other subject
matter covered by this EULA. To the extent the terms of any VIRTUAL CASE
MANAGEMENT policies or programs for support services conflict with the terms
of this EULA, the terms of this EULA shall control. |
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