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| The Abacus
Keyword Assistant is developed by Abacus Data Systems International at AbacusData.com. Abacus
Data Systems retains all copyrights to the software and places
certain restrictions on its distribution. All bugs should be
reported to Abacus Data Systems at support@AbacusData.com. |
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IMPORTANT! Please
read the Software Product Licence before using the software. |
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| Software Product
Licence |
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This AbacusData.com (ABACUS DATA SYSTEMS) End-User Licence Agreement ("EULA") is a legal agreement between you ("you") and ABACUS DATA SYSTEMS for the software product ("Software") mentioned above. By installing, copying, or otherwise using the Software, you
agree to be bound by the terms of this EULA. The Software is
protected by copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties. The
Software is licensed, not sold, and ALL SOFTWARE IS PROVIDED "AS IS". |
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| 1. GRANT OF LICENCE: |
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This EULA grants you the following rights: |
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• Installation and Use: You may install and use as many copies
of the Software as you have purchased a licence for. |
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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.
• Support Services: ABACUS DATA SYSTEMS is not obliged to provide
you with support services ("Support
Services") related to the Software, but may do so at its sole discretion.
• Software Transfer: You may permanently transfer all of your
rights under this EULA, provided that the recipient agrees to
the terms of this EULA.
• Termination: Without prejudice to any other rights of ABACUS
DATA SYSTEMS, your rights under this EULA will terminate automatically
without notice from ABACUS DATA SYSTEMS if you fail to comply
with any term(s) of this EULA. In such event you must destroy
all copies of the Software and any related materials. |
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| 3. COPYRIGHT: |
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All rights, title and interest in and to the Software (including the copyright
in the Software and including, but not limited to, any images,
photographs, animations, video, audio, music, text, and "applets" incorporated into the Software), the accompanying printed materials (if any),
and any copies of the Software are owned by ABACUS DATA SYSTEMS.
The Software is protected by copyright laws and international
treaty provisions. Except as permitted by applicable law and
this Licence, you may not modify, sell, rent, lease, loan, sub-license,
or create derivative works from the Software. |
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| 4. Disclaimer of
Warranty on Software. |
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You expressly acknowledge and agree that use of the Software is at your sole
risk. The Software is provided "AS IS" and without warranty of any kind and ABACUS DATA SYSTEMS EXPRESSLY DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. ABACUS DATA SYSTEMS DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS,
OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
FURTHERMORE, ABACUS DATA SYSTEMS DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF
THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY ABACUS DATA SYSTEMS OR AN AUTHORISED REPRESENTATIVE
OF ABACUS DATA SYSTEMS SHALL CREATE A WARRANTY OR IN ANY WAY
INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE
DEFECTIVE, YOU (AND NOT ABACUS DATA SYSTEMS OR ANY AUTHORISED
REPRESENTATIVE OF ABACUS DATA SYSTEMS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU. THE ENTIRE RISK ARISING OUT OF
USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. |
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| 5. Limitation of Liability. |
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UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ABACUS DATA SYSTEMS OR ITS
SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT
OF OR RELATING TO THIS LICENCE, EVEN IF ABACUS DATA SYSTEMS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES;
SO, THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ABACUS
DATA SYSTEMS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED
THE AMOUNT PAID FOR THIS LICENCE TO THE SOFTWARE. THE ENTIRE
RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS
WITH YOU. |
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| 6. Fault Tolerance. |
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The Software is not fault tolerant and is not designed, manufactured, or intended
for use or resale as on-line control equipment in hazardous environments
requiring fail-safe performance, such as the operation of nuclear
facilities, aircraft navigation or communications systems, air
traffic control, direct life support machines, or weapons systems,
in which the failure of the Software could lead directly to death,
personal injury, or severe physical or environmental damage ("High Risk Activities"). ABACUS DATA SYSTEMS specifically disclaims any express or implied warranty
of fitness for High Risk Activities. |
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| 7. MISCELLANEOUS: |
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If for any reason a court of competent jurisdiction finds any provision, or portion
of this EULA, to be unenforceable, the remainder of this EULA
shall continue in full force and effect. This EULA constitutes
the entire agreement between the parties with respect to the
use of the Software and supersedes all prior or contemporaneous
understandings regarding such subject matter. No amendment to
or modification of this EULA will be binding unless in writing
and signed by ABACUS DATA SYSTEMS. |
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