License Agreement
TracTime™
Product Suite
This License Agreement is your proof of license.
Please treat it as valuable property.
National Schedule Masters License Agreement
(Single-User Products)
This is a legal agreement between You (either an individual or an entity) and National Schedule
Masters. By opening the software package and/or using the SOFTWARE, you agree to be bound by the
terms of this Agreement. If you do not agree to the terms of this agreement, promptly return the
disk package and accompanying items (including printed materials and binders or other containers)
to the place you obtained them for a full refund.
NATIONAL SCHEDULE MASTERS SOFTWARE LICENSE
GRANT OF LICENSE. This National Schedule Masters License Agreement
("License") permits you to use one copy of the specified version of the National Schedule Masters
software product identified above, which may include user documentation provided in "online" or
electronic form ("SOFTWARE"), on any single computer, provided the SOFTWARE is in use on only one
computer at any time. If this package is a License Pack (which consists of one (1) original set
and one (1) library set). You have an office site license for the SOFTWARE and users must be Your
current employees. The SOFTWARE is "in use" on a computer when it is loaded into the temporary memory
(i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device)
of that computer, except that a copy installed on an office network server for the sole purpose
of distribution to other in-office computers is not "in use." The granting of this License allows
installation on your immediate computer network. and can be used office-wide but may not be installed
on any systems (including field offices) outside your division or office. Licensing is limited and
specific to geographic divisions only. This includes a restriction on the installation of this SOFTWARE
on a network server that is accessible by computers outside your physical geographic division. The
use of this SOFTWARE in conjunction with network sharing software or with network connectivity configurations
that allow sharing of the SOFTWARE is not allowed under this License if such configurations allow
access and/or remote control of the SOFTWARE from a field office or any location outside the Licensed
geographic division.
If the anticipated number of users of the SOFTWARE will exceed the number of applicable Licenses,
then you must have a reasonable mechanism or process in place to ensure that the number of persons
using the SOFTWARE concurrently does not exceed the one License (1). If the SOFTWARE is permanently
installed on the hard disk or other storage device of a computer (other than a network server) and
one person uses that computer more than 80% of the time it is in use, then that person may also
use the SOFTWARE on a portable or home computer. Upon departure from your employment, all license
privileges stated herein are revoked.
FIELD USE. Field use is not permitted or covered under this
license agreement and will be negotiated under separate cover.
UPGRADES. If the SOFTWARE is an upgrade from National Schedule
Masters, you may use or transfer the SOFTWARE only in conjunction with that upgraded product, unless
you destroy it. If the SOFTWARE is an upgrade, you may use that upgraded product only in accordance
with this License, except that if the SOFTWARE is an upgraded from a component of a package of software
programs which you licensed as a single product, the SOFTWARE may be used and transferred only as
part of that single product package, and according to the License Agreement provided earlier with
that single product package.
COPYRIGHT. The SOFTWARE (including any images, "applets,"
video and text incorporated into the SOFTWARE) is owned by National Schedule Masters and is protected
by United States copyright laws and international treaty provisions. Therefore, you must treat the
SOFTWARE like you would any other copyrighted material (e.g., a book or video) except that you may
transfer the SOFTWARE to YOUR hard disk(s) provided you keep the original solely for backup or archival
purposes. You may not copy the printed materials accompanying the SOFTWARE, nor print copies of
any user documentation provided in "online" or electronic form.
OTHER RESTRICTIONS. This License is your proof of license
to exercise the rights granted herein and must be retained by You. You may not rent or lease the
SOFTWARE, but you may transfer your rights under this License on a permanent basis provided you
transfer this License, the SOFTWARE, and all accompanying printed materials, retain no copies, and
the recipient agrees to the terms of this License. You may not reverse engineer, decompile, or disassemble
the SOFTWARE, except to the extent that the foregoing restriction is expressly prohibited by applicable
law.
LIMITED WARRANTY
LIMITED WARRANTY. National Schedule Masters warrants that
(a) SOFTWARE will perform substantially in accordance with the accompanying printed materials for
a period of ninety (90) days from the date of receipt; and (b) any hardware accompanying the SOFTWARE
will be free from defects in materials and workmanship under normal use and service for a period
of one (1) year, respectively. Some states/jurisdictions do not allow limitations on duration of
an implied warranty, so the above limitation may not apply to you.
CUSTOMER REMEDIES. National Schedule Masters entire liability
and your exclusive remedy shall be, that National Schedule Masters will repair or replace the SOFTWARE
or hardware that does not meet National Schedule Masters Limited Warranty and that is returned to
National Schedule Masters with a copy of your receipt. This Limited Warranty is void if failure
of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication. Any replacement
SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days,
whichever is longer. Outside the United States, neither these remedies or any product support services
offered by National Schedule Masters are available without proof of purchase from an authorized
non-U.S. source.
DISCLAIMER. Computer-aided-scheduling software and other technical
software are tools intended to be used by trained professionals only. They are not substitutes for
your professional judgment. Scheduling software and other technical software are intended to assist
with product completion and are not substitutes for independent testing. Due to the large variety
of hardware applications for the software the software has not been tested in all situations under
which it may be used. Further liability is defined under LIMITED WARRANTY AND CUSTOMER REMEDIES.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable
law National Schedule Masters 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 the SOFTWARE, the accompanying written materials, and any accompanying hardware. This
limited warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction
to state/jurisdiction.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted
by applicable law, in no event shall National Schedule Masters be liable for any damages whatsoever
(including, without limitation, damages for loss of business profits, business interruption, loss
of business information or other monetary loss) arising out of the use or inability to use this
National Schedule Masters product, even if National Schedule Masters has been advised of the possibility
of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability
for consequential or incidental damages, the above limitation may not apply to you.
U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure
by
the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights
in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and
(2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
Manufacturer is National Schedule Masters, P.O. Box 1616, San Marcos, CA 92079-1616.
If you acquired this product in the United States, this Agreement is governed by the laws of the
State of California.
If you acquired this product in Canada, this Agreement is governed by the laws of the Province of
Ontario, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts
of the Province of Ontario and further agrees to commence any litigation which may arise hereunder
in the courts located in the Judicial District of York, Province of Ontario.
If this product was acquired outside the United States, then local law may apply.
Should you have any questions concerning this Agreement, or if you desire to contact National Schedule
Masters for any reason, please contact National Schedule Masters at (760) 744-5700 or write to National
Schedule Masters, P.O. Box 1616, San Marcos, CA 92079-1616.