License Agreement - BS1 General Ledger Source Code
This is a legal agreement between ("you") and ("Davis Software").
This is a limited, nonexclusive license to use the source code which may be complied as part of your application. You understand and acknowledge that the License is strictly limited to its terms and, in particular, grants no rights to any other person and is restricted in its application solely for use by you.
1a. Name restrictions: Your product must not be sold under the name BS1 GENERAL LEDGER or similar, such as AS/1 GENERAL LEDGER, etc.
1b. You must not distribute BS1 GENERAL LEDGER source code except to an end-user for maintenance of their system or to a 3rd party for holding in escrow for an end-user.
1c. You must not advertise or sell your product via the internet for less than US$198.
2. BS1 GENERAL LEDGER is owned by Davis Software and is protected by Canadian copyright laws, international treaty provisions and all other applicable national laws. Therefore, you must treat BS1 GENERAL LEDGER like any other copyrighted material (e.g. book).
3. You shall indemnify and save harmless Davis Software from and against any and all claims, suits, actions, costs (including reasonable legal fees and disbursements) or other liabilities to any person whatsoever arising in any way out of or in respect of any breach by you of your obligations or the restrictions set forth in this Agreement.
4. Davis Software represents and warrants that BS1 GENERAL LEDGER is provided "as is" without warranty of any kind, for your use and at your sole risk. DAVIS SOFTWARE DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO BS1 GENERAL LEDGER AND ANY ACCOMPANYING WRITTEN MATERIALS. THERE ARE NO WARRANTIES THAT BS1 GENERAL LEDGER WILL MEET ALL OF YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT IN BS1 GENERAL LEDGER WILL BE CORRECTED. DAVIS SOFTWARE MAKES NO WARRANTIES OR REPRESENTATIONS RELATING TO THE RESULTS OF YOUR USE OF BS1 GENERAL LEDGER WITH RESPECT TO ITS CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY DAVIS SOFTWARE OR AN AUTHORIZED REPRESENTATIVE OF DAVIS SOFTWARE SHALL CREATE A WARRANTY.
5. IN NO EVENT SHALL DAVIS SOFTWARE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE INSTALLATION, USE OR REMOVAL OF OR INABILITY TO USE BS1 GENERAL LEDGER, EVEN IF DAVIS SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. This License will terminate without notice to you upon your failure to comply with any provision of this License. Upon termination you must immediately cease using BS1 GENERAL LEDGER and delete all copies of same from your computer. The provisions of Sections 2, 4, and 5, will survive termination of this Agreement.
7. This Agreement constitutes the entire Agreement between the Parties relating to the subject matter hereof and supersedes all prior agreements, written or oral, between the Parties relating to the subject matter hereof. There are no other terms including without limitation any representation and warranties other than those provided herein. No waiver, amendment, addition or deletion to this Agreement shall be binding unless approved in writing by Davis Software.
8. This Agreement is governed by the laws of the Province of British Columbia. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of British Columbia and further agrees to commence any litigation which may arise hereunder in the courts of British Columbia.