License Information for Beyond Engineering Products

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Beyond Engineering Guarantee

Beyond Engineering Guarantees that Beyond Engineering Software will be free from defects in materials and workmanship after the date of purchase, for the period 90 days. If Beyond Engineering receives notice of such defects during the warranty period, Beyond Engineering will, at its option, either repair, replace, or issue a full refund for products which prove to be defective. Beyond Engineering may request temporary remote ftp, http, and Telnet access to the customers server for software troubleshooting purposes. Failure to provide remote access for troubleshooting purposes will render this guarantee null and void.

Beyond Engineering warrants to you that Beyond Engineering Software will not fail to execute its programming instructions after the date of purchase, for the period of 90 days, due to defects in material and workmanship when properly installed and used. If Beyond Engineering receives notice of such defects during the guarantee period, Beyond Engineering will replace, repair or issue a full refund for Software media which does not execute its programming instructions due to such defects.

Beyond Engineering does not warrant that the operation of Beyond Engineering products will be uninterrupted or error free. Beyond Engineering Software may contain third-party functions or may have been subject to incidental use. If Beyond Engineering is unable, within a reasonable time, to repair or replace any product to a condition as warranted, you will be entitled to a refund of the purchase price upon prompt return of the product.

Warranty does not apply to defects resulting from (a) improper or inadequate maintenance or calibration, (b) software or interface routines or functions NOT developed by Beyond Engineering, (c) unauthorized specifications for the product, or (d) improper site preparation or maintenance. (e) Any Beta version of a plug-in, module, library, or complete software application. (f) Changes by third party applications or services that affect the usability of this product.

ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS LIMITED TO THE DURATION OF THE EXPRESS WARRANTY SET FORTH ABOVE. Some states or provinces do not allow limitations on the duration of an implied warranty, so the above limitation or exclusion might not apply to you. This warranty gives you specific legal rights and you may also have other rights that vary from state to state, or province to province.

THE REMEDIES IN THIS WARRANTY STATEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL BEYOND ENGINEERING BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), OR OTHER DAMAGE, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. Some states or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Beyond Engineering Software License Terms

The following terms govern your use of "Beyond Engineering Product" (hereinafter "Software") unless you have a separate written agreement with Beyond Engineering pertaining to a Beyond Engineering product.

License Grant
Beyond Engineering grants your company a license to use one copy of the Software. "Use" means storing, loading, installing and executing. You may not modify the Software or disable any licensing or control features of the Software.

Ownership
The Software is owned and copyrighted by Beyond Engineering or its third party suppliers. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software. Beyond Engineering or third party suppliers may protect their rights in the event of any violation of these License Terms.

Copies and Adaptations
You may only make copies or adaptations of the Software for archival purposes or when copying or adaptation is an essential step in the authorized use of the Software. You must reproduce all copyright notices in the original Software on all copies or adaptations. Food Script™ products may be copied and used on multiple domains that are owned by your company.

Authorized Web Site
"Authorized Web Site" shall be used to refer to "the Web Site you stated provided as "Authorized web site when you purchased a Beyond Engineering product"

Software may be used only on Authorized Web Sites by "Your company" (Hereinafter "Authorized Company") may use this Software on Authorized Web Sites for the purpose of selling or promoting the product or services of Authorized Company.

Unauthorized Use
IP Delivery™ and Food Script™ products: These software/hardware systems are not to be used for presenting irrelevant, misleading or stolen pages to the search engines. Beyond Engineering reserves the right to cancel all product support and future updates without any monetary refund if you violate this requirement.

No Disassembly
You may not disassemble or decompile the Software unless Beyond Engineering' prior written consent is obtained. In some jurisdictions, Beyond Engineering' consent may not be required for disassembly or decompilation. Upon request, you will provide Beyond Engineering with reasonably detailed information regarding any disassembly or decompilation.

Transfer
Your license will automatically terminate upon any transfer of the Software. Upon transfer, you must deliver the Software, including any copies and related documentation, to the transferee. The transferee must accept these License Terms as a condition to the transfer.

Confidentiality
As a licensed user of Software, you will have access to confidential source code. You may not upload the Software to any BBS, World Wide Web site, FTP site or any other action that would make Software accessible to any unlicensed user where they can view the source code. Doing so will be a violation of this agreement and may result in criminal and civil penalties.

Termination
Beyond Engineering may terminate your license upon notice for failure to comply with any of these License Terms. Upon termination, you must immediately destroy the Software, together with all copies, adaptations and merged portions in any form.

Export Requirements
You may not export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations.

"IP Delivery", "IP Alert" and "Food Script" are trademarks of Beyond Engineering

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