44 TimePilot me and a endance systems TimePilot me and a endance systems 45
Licensed Material ("Support Services"). Use of Support Services is governed by the TimePilot
Corpora on policies and programs described on its web site, in "online" documenta on and/
or in other TimePilot Corpora on-provided materials. Any supplemental Licensed Material
provided to you as part of the Support Services shall be considered part of the Licensed
Material and subject to the terms and condi ons of this Agreement. With respect to technical
informa on you provide to TimePilot Corpora on as part of the Support Services, TimePilot
Corpora on may use such informa on for its business purposes, including but not limited to
product support and development. TimePilot Corpora on shall not be obligated to provide
Support Services during any period during which an annual fee is not paid by Licensee or
off ered by TimePilot Corpora on.
Termina on: Without prejudice to any other rights, TimePilot Corpora on may terminate this
Agreement if you fail to comply with the terms and condi ons of this Agreement or fail to pay
TimePilot Corpora on's invoice for this Licensed Material. In such event, you must destroy all
copies of the Licensed Material and all of its component parts.
Upgrades: If the Licensed Material is labeled as an upgrade, you must be properly licensed
to use a product iden fi ed by TimePilot Corpora on as being eligible for the upgrade in
order to use the Licensed Material. Licensed Material labeled as an upgrade replaces and/or
supplements the product that formed the basis for your eligibility for the upgrade. You may
use the resul ng upgraded product only in accordance with the terms of this Agreement. If the
Licensed Material is an upgrade of a component of a package of so ware programs that you
licensed as a single product, the Licensed Material may be used and transferred only as part of
that single product package and may not be separated for use on more than one computer.
Copyright: All tle and copyrights in and to the Licensed Material (including, but not limited
to, any images, photographs, anima ons, video, audio, music, text, and "applets" incorporated
into the Licensed Material), the accompanying printed materials, and any copies of the
Licensed Material are owned by TimePilot Corpora on and/or its suppliers. Copyright laws and
interna onal treaty provisions protect the Licensed Material. Therefore, you must treat the
Licensed Material like any other copyrighted material. You may not copy the printed materials
accompanying the Licensed Material.
Dual-Media Licensed Material: You may receive the Licensed Material in more than one
medium. Regardless of the type or size of medium you receive, you may use only one medium
that is appropriate for your computer. You may not use or install the other medium on another
computer. You may not loan, rent, lease or otherwise transfer the other medium to another
use.
Intended benefi ciary: TimePilot Corpora on, its suppliers and Licensors are the intended
benefi ciaries of this Agreement and shall have the right to enforce it on their own behalf and in
their name.
U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed Material and documenta on are
provided with RESTRICTED RIGHTS. Use, duplica on, or disclosure by the Government is
subject to restric ons as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data
and Computer So ware clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of
the commercial Computer So ware -- Restricted Rights at 48 CFR 52.227-19, as applicable.
Manufacturer is TimePilot Corpora on, Illinois, USA.
LIMITED WARRANTY.
TimePilot Corpora on warrants that (a) the Licensed Material will perform substan ally in
accordance with the accompanying wri en materials for a period of thirty (30) days from
the date of receipt, and (b) any Support Services provided by TimePilot Corpora on shall
be substan ally as described in applicable wri en materials provided to you by TimePilot
Corpora on, and TimePilot Corpora on support engineers will make commercially reasonable
eff orts to solve any problem issues. Some states and jurisdic ons do not allow limita ons on
dura on of an implied warranty, so the above limita on may not apply to you. To the extent
allowed by applicable law, implied warran es on the Licensed Material, if any, are limited to
thirty (30) days.
CUSTOMER REMEDIES.
If a problem with the licensed material cannot be resolved by TimePilot Corpora on's Limited
Warranty above, TimePilot Corpora on and its suppliers' en re liability and your exclusive
remedy shall be the remedy provided in the Time Clock Limited Warranty found on the
preceding pages of this manual. This Limited Warranty is void if failure of the Licensed Material
has resulted from accident, abuse, or misapplica on. Any replacement Licensed Material 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 nor any product support services
off ered by TimePilot Corpora on are available without proof of purchase from an authorized
source.
NO OTHER WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TIMEPILOT CORPORATION AND
ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE
LICENSED MATERIAL, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH
VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TIMEPILOT
CORPORATION 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
LICENSED MATERIAL OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN
IF TIMEPILOT CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, TIMEPILOT CORPORATION'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS
AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR
THE LICENSED MATERIAL OR U.S. $5.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO
A TIMEPILOT CORPORATION SUPPORT SERVICES AGREEMENT, TIMEPILOT CORPORATION'S
ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT
AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
MISCELLANEOUS
This Agreement is governed by the laws of the State of Illinois. Should you have any ques ons
concerning this Agreement, please contact TimePilot Corpora on.
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