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DB Consultants, Inc.

 

DB Consultants, Inc. – Software License Agreement

 

Limited Warranty: DB Consultants, Inc., warrants that the software is free from defects in materials and workmanship and will perform substantially in accordance with the documentation for a period of 365 days from the date of purchase. Some states and jurisdictions do not allow limitation on duration of an implied warranty. The limitation, therefore, may not apply to you. To the extent allowed by applicable law, the implied warranty on the software is limited to the time period stated.
Customer Remedy: In the event that the limited warranty stated above is breached, your exclusive remedy against DB Consultants, Inc., and its suppliers shall be, at DB Consultants, Inc.’s option, either a return of the price paid or repair or replacement of the software. This limited warranty is void if the failure of the software has resulted from accident, abuse, misapplication or failure to follow the instructions in the documentation.
Limitation on Suit: By accepting the software, you agree that you will not bring any suit or other legal proceedings against DB Consultants, Inc., in any court or jurisdiction except in the state courts of Pennsylvania in the County of Bucks. No other court, tribunal, arbitration proceeding or otherwise shall have jurisdiction to hear any claim brought against DB Consultants, Inc., arising out of or in any way related to the sale or use of the software. If you initiate a suit or other proceedings against DB Consultants, Inc., in any court, tribunal, arbitration or other proceedings except in the state courts of Pennsylvania in the County of Bucks, you will be liable and agree to pay DB Consultants, Inc.’s reasonable attorney's fees in defending against such a proceeding. The foregoing limitation applies only to suits or proceedings in which DB Consultants, Inc., is named as a party.
DISCLAIMER OF WARRANTY: NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DB CONSULTANTS, INC., AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICITION.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DB CONSULTANTS, INC, OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF DB CONSULTANTS, INC., HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE  EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Licensor:   DB Consultants, Inc.                               Licensee:     

                                                                                                                                                                                Please Print

Date of Issue: _____________________                                    License No.   ___________________

 

In accordance with the provisions of this Agreement, which incorporates by this reference all aspects of the Terms and Conditions (separate document) and the Warranty information included above, Licensor will provide Licensee with the product(s) listed below as specified in Licensor’s current product documentation. The Licensee is authorized to install only one copy of this software on one computer system in its computing facilities at the following site:

 

Address __________________ _____  City ____________________  State _______   Zip Code_________

 

   Product(s)                         Designated Computer              License Term              Maintenance Period*

 

     AS/PC® Software                             Any                               Perpetual                     One year

  

    * Maintenance is free for 6 months from the Original Date of Issue.

 

Accepted by Licensee                                                                  Accepted by Licensor

 Company:                                                                                            DB Consultants, Inc.

                                                                                                            PO Box 580, 198 Tabor Road

  Licensee:                                                                    Ottsville, PA  18942

 


Signature / date:                                                                        Signature / Date:

 

 

NOTICE: DBC®, AS/PC®, dBMail®, and dBar® are registered trademarks of DB Consultants, Inc. This software is copyrighted © 1983-2008 by DB Consultants, Inc., all rights reserved. If you do not agree to the terms in this license agreement, do not install this software. It is illegal to sell this software, or install it or otherwise transfer it to any system(s) other than those specifically licensed by DBC to use the software. This License is not valid until it contains the Original Date of Issue, License Number, and is signed by an Authorized Representative of DBC Consultants, Inc. A signed License Agreement must be on file with DBC before technical support and product upgrades will be provided.