DC Solutions Software License

The software and accompanying documentation (respectively "Software" and "Documentation") You have acquired are protected by the copyright laws of the United States and international copyright treaties. In addition, the possession and use of the Software and Documentation is subject to the restrictions contained in the License.

You or Your means the person or business entity which is licensing the Software pursuant to this Agreement.

Communications Network means a data communication system, which allows a number of independent devices to communicate with each other, including its internal bridges and the workstations physically attached to it.

Network Server means a single computing system that runs Server Software to permit access by Client Software located either on the Network Host or remotely over a Communications Network.

Server Software means the portions of the Software (if included) that operate on a Network Server which is incorporated into a Communications Network.

Client Software means the portions of the Software (if included) that operate on a device and allow the device to be incorporated into a Communications Network and access the Server Software through the Communications Network.

User means an end-user authorized by You to access and use the Server Software or a non-human operated device configured by or for You to access and use the Host Software.

User Count means the number of Users specified for the license purchased by You that are authorized to access and use the Server Software, whether such Users access the Server via a LAN, Intranet, the Internet, or otherwise.

You may make a number of copies of the Client Software for use in accordance with the rights granted under this Agreement, and a single copy of the Server Software for archival purposes only. You may make one (1) copy of user Documentation provided in electronic form for each authorized copy of Client Software that You make which will be distributed with each such copy of Client Software. All proprietary rights notices must be faithfully reproduced in unaltered form and included on all permitted copies of Software and Documentation. You may not make copies of any Documentation provided to You in print form.

License Grant. Subject to the terms and conditions of this Agreement, Logic Springs Technologies grants to You a nonexclusive, nontransferable right to (i) use the Host Software on a single Network Server; (ii) use and reproduce the Client Software on one or more devices solely for the purpose of accessing and using the Server Software; (iii) permit a total number of Users that is not greater than the User Count to access and use the Server Software; and (iv) use the Documentation in connection with Your use of the Software.

General Terms
Transfer of License. This License is not subject to transfer or assignment without the prior written approval from Logic Springs Technologies.

Term. This License will become effective on the date you acquire the Software and will remain in force until terminated. You may terminate this License at any time by destroying the Documentation and the Software together with all the copies and adaptations. This License shall also automatically terminate if you breach any of the terms or conditions. You agree to destroy the original and all adaptations or copies of the Software and Documentation, or to return them to Logic Springs Technologies upon termination of this License.

Governing Law. Except as otherwise restricted by law, this license shall be governed by, and interpreted in accordance with, the laws of the State of Florida of the United States of America, without regard to laws of Florida governing conflicts of law. Furthermore, it is understood that this License shall be treated as though it were executed in Seminole County of the State of Florida. The parties agree that any action relating to this License shall be instituted and prosecuted in the courts of competent jurisdiction of the State of Florida.

Entire License. This License sets forth the entire understanding and License between you and Logic Springs Technologies and may be amended only in a writing signed by both parties. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, SALES PERSON OR OTHER PERSON IS AUTHORIZED TO MODIFY THIS LICENSE OR TO MAKE ANY WARRANTY, REPRESENTATION OR PROMISE THAT IS DIFFERENT THAN, OR IN ADDITION TO, THE REPRESENTATIONS OR PROMISES OF THIS LICENSE.

Waiver. No waiver of any right under this License shall be effective unless in writing, signed by a duly authorized representative of the party to be bound. No waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under this License.

Severability. If any provision in this License is invalid or unenforceable, that provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary, to eliminate its invalidity or unenforceability, and the other provisions of this License shall remain unaffected.

Export. Logic Springs Technologies can only make the Software available to a valid export license. Consequently, Logic Springs Technologies will refund any fees paid to you if it is unable to obtain an export license to ship the Software to you. Your sole remedy for Logic Springs Technologies failure to obtain an export license is a refund. You hereby agree that you will not knowingly, directly or indirectly, without prior written consent, if required, of the Office of Export Licensing of the U.S. Department of Commerce, Washington D.C. 20230, download, export, transmit or transfer the Software or materials obtained via the Service to any group Q, S, W, Y, or Z country specified in the Export Administration Regulations issued by the U.S. Department of Commerce or to any country to which such transmission is restricted by applicable regulations or statutes.

U.S. Government Restricted Rights. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in FAR 52.227-14 (June 1987) Alternate lll (g)(3) (June 1987), FAR 52.227-19 (June 1987), or DFARS 52.227-7013 (c)(1)(ii) (June 1988), as applicable.

Contractor/Manufacturer is Logic Springs Technologies, 43 Skyline Drive Suite 3051, Lake Mary, Florida 32746

Limited Warranty

Media. Logic Springs Technologies warrants the physical media of the Core Applications software (referred to in this limited warranty as the "Software") against physical defects for a period of 90 days from installation or purchase, whichever is later. Your sole remedy for defective media is replacement.

Software. Except as provided in this Limited Warranty, Logic Springs Technologies warrants that if the Software fails to conform substantially to the specifications in the documentation accompanying the Software and if the nonconformity is reported in writing by you to Logic Springs Technologies within 90 days from the date that the Software was purchased, Logic Springs Technologies will either remedy the nonconformity or offer to refund any license fees paid by you upon return of all copies of the Software and documentation to Logic Springs Technologies.

THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING SYSTEMS. THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS. Call Logic Springs Technologies Customer Support or your Dealer for information about compatibility.

Disclaimer. EXCEPT AS OTHERWISE RESTRICTED BY LAW, LOGIC SPRINGS TECHNOLOGIES MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. LOGIC SPRINGS TECHNOLOGIES DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. LOGIC SPRINGS TECHNOLOGIES DOES NOT WARRANT THAT THE SOFTWARE OR ASSOCIATED DOCUMENTATION WILL SATISFY YOUR REQUIREMENTS OR THAT THE SOFTWARE AND DOCUMENTATION ARE WITHOUT DEFECT OR ERROR OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights which may vary from state to state.

Limitation of Liability EXCEPT AS OTHERWISE RESTRICTED BY LAW, LOGIC SPRINGS TECHNOLOGIES AGGREGATE LIABILITY ARISING FROM OR RELATING TO YOUR USE OF THE SOFTWARE, ASSOCIATED DOCUMENTATION OR ANY SERVICES PROVIDED BY LOGIC SPRINGS TECHNOLOGIES AND/OR ITS AGENTS IS LIMITED TO THE TOTAL OF ALL PAYMENTS MADE BY OR FOR YOU FOR THE SOFTWARE AND DOCUMENTATION. NEITHER LOGIC SPRINGS TECHNOLOGIES NOR ANY OF ITS LICENSERS, EMPLOYEES. OR AGENTS SHALL IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. NEITHER LOGIC SPRINGS TECHNOLOGIES NOR ANY OF ITS LICENSERS, EMPLOYEES, OR AGENTS IS RESPONSIBLE FOR LOST PROFITS OR REVENUES, LOSS OF USE OF SOFTWARE, LOSS OF DATA, COSTS OF RE-CREATING LOST DATA. THE COST OF ANY SUBSTITUTE EQUIPMENT OR PROGRAM. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Under the copyright laws, neither the documentation nor the software may be copied, photocopied, reproduced, translated, or reduced to any electronic medium or machine-readable form, in whole or in part, without the prior written consent of Logic Springs Technologies, except in the manner described in the documentation.

Intellectual Property Warranty
Logic Springs Technologies represents and warrants that it is the owner of all right, title and interest to the Program, that it has granted no previous license inconsistent with the grant in this Agreement, and that no other person or entity has any license or ownership interest.

Logic Springs Technologies represents and warrants that the Program and all aspects of it are original, that Logic Springs Technologies has full and absolute right to make the grant of rights contained in this Agreement, and that no rights exist under the laws of the United States or any state thereof that the Program will infringe.

Ownership of Modifications
If any modifications to the software are made by the customer these modifications will be the property of the customer. If modification are made by Logic Springs Technologies on behalf of the customer then Logic Springs Technologies will have the right to incorporate all or some of the modification into future releases of the Program.

Acknowledgement of Vendor's Ownership Rights
Customer acknowledges that it obtains no ownership rights in the Program under the terms of this Agreement. All rights in the Program including but not limited to confidential Information , trade secrets, trademarks, service marks, and copyrights are, shall be and will remain the property of Logic Springs Technologies. All copies of the Program delivered to the customer remain the property of Logic Springs Technologies.

Maintenance and Support
As part of this Agreement Logic Springs Technologies will provide support for bug fixes and errors found to the Program as it was originally provided to the customer either via hotline support or distribution of upgraded software via new release which corrects reported problem(s).

The customer will be solely responsible for any bugs, errors or cost it experiences if it chooses to make modifications to the Program. Logic Springs Technologies at its sole discretion may decide to assist Customer in rectifying such bugs or errors caused by Customer making modifications to Program but only on a contract basis to be decided based on scope of work and Logic Springs Technologies development and support staff availability.

Trade Secrets
THIS PROGRAM CONSISTS OF TRADE SECRETS THAT ARE THE PROPERTY OF LOGIC SPRINGS TECHNOLOGIES. THE CONTENTS MAY NOT BE DISCLOSED WITHOUT EXPRESS WRITTEN PERMISSION OF THE OWNER.

Copyright 1998 - 2008 Logic Springs Technologies. All rights reserved