InstallWatch Professional pricing schedule

View License Agreement

• 7% sales tax will be added to orders shipped to Florida addresses.

• The InstallWatch Professional software will begin to download after your order is approved.

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License Agreement:

Copyright ©1997-1999 by Gavin Stark. All rights reserved.

NOTICE TO USERS:
CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT. UNLESS YOU HAVE A DIFFERENT LICENSE AGREEMENT IN WRITING AND SIGNED BY EPSILON SQUARED, INC., YOUR USE OF THIS SOFTWARE INDICATES YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT AND WARRANTY.

For information on distributing the evaluation version of InstallWatch see the section titled Distribution.

LICENSE GRANT:
Epsilon Squared, Inc. (which is the exclusive agent for Gavin Stark, his successors and assigns, to market, distribute, and sell the SOFTWARE) grants you a license to use one copy of the version of this SOFTWARE on any one hardware product for as many licenses as you purchase. "You" means the company, entity or individual whose funds are used to pay the license fee. "Use" means storing, loading, installing, executing or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE's programming features. When you first obtain a copy of the SOFTWARE, you are granted an evaluation period of not more than 21 days, after which time you must pay for the SOFTWARE according to the terms and prices discussed in the SOFTWARE's documentation, or you must remove the SOFTWARE from your computer. This license is not transferable to any other hardware product or other company, entity, or individual.

You may access the registered version of the SOFTWARE through a network, provided that you have purchased as many individual licenses for the SOFTWARE as the number of workstations that will access the SOFTWARE. For instance, if 8 different workstations will access the SOFTWARE on the network, each workstation must have its own SOFTWARE license, regardless of whether they use the SOFTWARE at different times or concurrently.

OWNERSHIP:
The SOFTWARE is owned and copyrighted by Gavin Stark. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE.

COPYRIGHT:
The SOFTWARE is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of Gavin Stark, his successors and assigns, and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.

REVERSE ENGINEERING:
You agree that you will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part.

UNAUTHORIZED USE:
You may not use, copy, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the SOFTWARE except as provided in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license.

BUNDLING:
In no case may this product be bundled or otherwise distributed with hardware or other software without written permission from Epsilon Squared, Inc. P.O. Box 21016, Bradenton, FL 34204. Permission to distribute the SOFTWARE is not transferable, assignable, saleable, or franchisable. Each entity wishing to distribute the package must independently satisfy the terms of the distribution license. You agree that the SOFTWARE will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations or this Agreement.

DISTRIBUTION:
You are specifically prohibited from charging, or requesting donations, for any copies, however made; and from distributing the SOFTWARE and/or documentation with other products (commercial or otherwise) without prior written permission.

U.S. GOVERNMENT INFORMATION:
Use, duplication, or disclosure by the U.S. Government of the SOFTWARE and documentation in this package shall be subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.277-7013 (Oct 1988) and FAR 52.227-19 (Jun 1987). The Contractor is Epsilon Squared, Inc. P.O. Box 21016, Bradenton, FL 34204.

EVALUATION AND REGISTRATION:
This is not free software. Payments for licenses must be in US dollars drawn on a US bank, and should be sent to Epsilon Squared, Inc., P.O. Box 21016, Bradenton, FL 34204. When payment is received you will be sent a registration key that will disable the evaluation message. Credit card ordering and quantity discounts are available, as described in the section Ordering Information/Order Form. Unregistered use of the SOFTWARE is in violation of U.S. and international copyright laws.

LIMITED WARRANTY:
THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. EPSILON SQUARED, INC. DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. NEITHER EPSILON SQUARED, INC. NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF EPSILON SQUARED, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE IS OFFERED.

SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT LIABILITY IS BY LAW INCAPABLE OF EXCLUSION OR RESTRICTION.

GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY PROGRAM BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE RELYING ON IT. THE USER MUST ASSUME THE ENTIRE RISK OF USING THE PROGRAM. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE. IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE FEE PAID TO EPSILON SQUARED, INC.

CUSTOMER INFORMATION:
Customer information is considered confidential and will not be shared, distributed, or sold to any third party without prior written permission.

ONLINE DELIVERY:
Online delivery of registered copies of the SOFTWARE is available for credit card orders placed via the Internet using the following URL - http://www.installwatch.com. For orders via delivery by postal mail (or airmail outside the USA) use the Order Form or as described below.

ORDERING BY CHECK:
To order by check, send the order form and a check to Epsilon Squared, Inc., P.O. Box 21016, Bradenton, FL 34204 USA. Payments must be in US dollars drawn on a US bank, or you can send international postal money orders in US dollars.

SECURE CREDIT CARD ORDERS:
You can place secure credit card orders on the Internet using the following URL http://www.installwatch.com. For information on credit card ordering by fax or postal mail, select How to Order from the Help Menu. For information on credit card ordering by phone call (941) 752-1470.

SITE LICENSES:
For site license pricing please send e-mail to sales@installwatch.com or call (941) 752-1470.

SEVERABILITY:
In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.

GOVERNING LAW:
This Agreement shall be governed by the laws of the State of Florida excluding the application of its conflicts of law rules and shall inure to the benefit of Epsilon Squared, Inc. and any successors, administrators, heirs and assigns and Gavin Stark, his personal representatives, heirs, successors and assigns. Any action or proceeding brought by either party against the other arising out of or related to this Agreement shall be brought only in the courts in the state of Florida, the county of Sarasota, or, if jurisdiction can be acquired, in the United States District Court of the Middle District of Florida. The parties hereby consent to in personam jurisdiction of said courts. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

ENTIRE AGREEMENT:
This is the entire agreement between you and Epsilon Squared, Inc. which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.

RESERVED RIGHTS:
All rights not expressly granted here are reserved to Epsilon Squared, Inc. as distributor and Gavin Stark as copyright holder.

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