The THERAPIST License Agreement
COPYRIGHT: The accompanying software program and documentation ("Software") are owned by Beaver Creek Software ("BCS") and are protected by United States copyright law. You do not own this Software. You do own the physical media, if any, on which the Software was supplied. You also own any data content you create or enter into this software. You do not own the copyrighted content of the Software. You have been granted a license to use this Software solely in accordance with the following terms.
PREVIOUS AGREEMENTS: This License Agreement supersedes any and all previous license Agreements for the Software.
SOFTWARE MEDIA: You may receive the Software in more than one medium. You may also receive multiple copies of the medium for the same or different versions of the Software. Regardless of the type of medium or the number of copies you receive, it constitutes one licensed copy of the Software.
NETWORK INSTALLATION AND USAGE: Under this License Agreement, the Software may be used by one or more Concurrent Users on one stand-alone computer or on one or more computers connected to a Network so long as the total number of Concurrent Users does not exceed the number of Network User Licenses granted. You may have more users with access to the Software on a network than the number of Network User Licenses purchased so long as the number of Concurrent Users does not exceed the number of Network User Licenses purchased. You may purchase additional Network User Licenses to increase the number of Concurrent Users allowed to access the program at the same time.
NON-NETWORK INSTALLATIONS: You may install and execute the Software on other computers not connected via a network by purchasing additional Installation Licenses. All copies of the Software covered by one License Agreement must access the same or identical sets of data files. If multiple, non-identical sets of data files are needed, you must purchase additional full licenses of the Software.
TECHNICAL SUPPORT: For the term of this License Agreement, you have the right to access technical support according to the then-current policies and prices.
UPGRADES: This License Agreement grants you the right to purchase newer versions of the Software according to the then-current upgrade prices and policies.
If you have purchased the Software as an upgrade ("Upgrade"), it constitutes a single product with the Software you upgraded and does not constitute a separate new license. Once you install the upgraded version of the Software, you may continue to use a licensed older version for only a reasonable transition period not to exceed six months. You may not sell or otherwise transfer the older version of the Software or the license to use the older version of the Software separate from the Upgrade.
TRANSFER: You may permanently transfer all of your rights to use the Software under this License Agreement to another person or corporation ("Transferee") provided that you transfer to the Transferee all of the Software, installation media, and documentation (including this License Agreement), and transfer or destroy all duplicate copies in any form. Any transfer of the Software must include your most recent upgrade and all prior versions of the installation media. If you transfer your rights according to this License Agreement, the Transferee does not automatically assume the rights to purchase upgrades or obtain technical support. These rights are granted only after executing a Transfer of License Agreement with BCS. The Transferee may be subject to a transfer of license charge from BCS.
RENTAL: You may not rent, lease, or lend the Software.
PRINTED DOCUMENTATION: You may make as may printed copies of the documentation as needed for your own use but you may not transfer these printed copies to other persons unless they are transferred along with the entire Software and your rights under this License Agreement.
REVERSE ENGINEERING: You may not reverse engineer, decompile, disassemble, or otherwise decipher or decrypt the Software or its mechanisms for limiting usage.
ARCHIVAL COPIES: You may make archival copies of this Software for your own use provided it does not violate the above usage restrictions. You may not redistribute copies of the Software.
DEMONSTRATION SOFTWARE: Evaluation versions of the Software ("Demo") may be limited by some combination of time, count, and capacity. You may freely make copies of the installation media or installation programs for a Demo and you may transfer these copies to other persons provided that you include the complete installation media or program. When the Demo expires, so does this License Agreement unless the Demo is reactivated or made into a full license.
UNLOCKING MECHANISMS: BCS may use one or more methods to unlock, activate, or enable the Software or selected features and capacities. You may not transfer, share, or otherwise make known to other persons any Unlocking Codes, Activation Files, or other enabling software programs or mechanisms associated with the Software.
CONFIDENTIAL INFORMATION: Non-public information concerning BCS's business, its policies, customers, business partners, and employees is considered Confidential Information unless obtained from sources unrelated to BCS. Release of Confidential Information is considered a breach of this License Agreement.
REMOTELY DISABLE: BCS reserves the right to remotely disable the Software for your non-compliance with the terms of this License Agreement or for non-payment of mutually agreed-upon charges.
TERMINATION: BCS may terminate your rights to the Software under this License Agreement if you fail to comply with the terms and conditions of this License Agreement. In such event, you must destroy all copies of the Software and all of its component parts.
LIMITED WARRANTY: BCS warrants that for 90 days from the date of purchase, the physical medium on which the Software was delivered, if any, will be free from defects in materials and workmanship. BCS further warrants that the Software will perform substantially according to the accompanying documentation for a period of 90 days from the date of purchase.
CUSTOMER REMEDIES: Your exclusive remedy shall be, at BCS's option, either:
NO OTHER WARRANTIES: BCS disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose, with respect to the Software and accompanying written materials.
LIMITATION OF LIABILITY: IN NO EVENT SHALL BCS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSSES) ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE OR ITS DOCUMENTATION, EVEN IF BCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, BCS SHALL HAVE NO LIABILITY FOR ANY DATA STORED IN OR USED WITH THIS SOFTWARE, INCLUDING THE COST OF RECOVERING SUCH DATA.
GOVERNING LAW; COMPLETE AGREEMENT: THIS AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT BETWEEN BCS AND THE LICENSEE WITH RESPECT TO THE SOFTWARE. This License Agreement and Warranty are governed by the laws of the State of Oregon, United States of America. IF any provision of this License Agreement is held to be unenforceable, such provisions shall be limited, modified, or severed as necessary to eliminate its unenforceability, and all other provisions shall remain unaffected.
SPECIAL PROVISIONS: BCS reserves all rights not specifically granted in this License Agreement.
|Copyright © 1993|