AppletFile Software Licensing Agreement

1. ACCEPTANCE OF LICENSE TERMS

By opening the software package that contains a copy of AppletFile, ("Licensee") indicates that the Licensee has read all of the terms and conditions of this Agreement and accepts them without modification. If for any reason the Licensee does not agree with any of the terms and conditions of this Agreement, the Licensee may within 30 days from the date of purchase return the software package and its contents for refund or credit.

No refund or credit will be allowed if any item is missing or if the package containing the software has been opened.

2. LICENSE

2.1 The Licensee is hereby licensed to use the program from a single web server, transfer the program and this license to another party provided that party agrees to accept the terms and conditions of this Agreement or merge the program into another software product.

2.2 In no event shall the Licensee copy or cause to be copied duplicates of the program except that the Licensee may make one copy of the program for back-up purposes.  If the program is transferred by the Licensee, the Licensee hereby agrees to destroy all copies of the program remaining in the Licensee's possession after such transfer, including all copies merged into other software programs.

2.3 The Licensee shall not sublicense, assign, transfer use, copy or modify the program except as expressly provided in this Agreement and any attempt to do so shall be null and void.

2.4 The Licensee shall not reverse engineer, decompile, or disassemble the program, except and only to the extent that such activity is expressly permitted by applicable law, notwithstanding this limitation.

2.5 The Licensee may evaluate this program for up to 30 days. After 30 days, the Licensee must either purchase the product or terminate the license in accordance with section 3. 

3. TERMINATION OF LICENSE.  This license shall terminate automatically if the Licensee violates any term of this Agreement.  The Licensee may terminate this license at any time by destroying all copies of the program, including any portions merged into other software programs.

4. WARRANTY OF TITLE.  Frontstep Solutions Group Inc. warrants that it has good title to the program and the right to license its use to the Licensee free and clear of any third party proprietary rights; Frontstep Solutions Group Inc. shall defend and hold the Licensee harmless against any alleged violation of such proprietary rights.

5. LIMITED WARRANTY

5.1 Warranty.  Frontstep Solutions Group Inc. warrants the media on which the program is furnished is free from defects in materials and workmanship under normal use.  This warranty expires thirty (30) days from date of purchase as set forth in the receipt for the purchase.  This warranty is non-transferable, and does not extend to any damage that Frontstep Solutions Group Inc. may deem, in its sole discretion, to have been as a result of misuse.

5.2 Remedy.  Should any media fail to meet the foregoing express warranty, Frontstep Solutions Group Inc. shall replace the program provided that the Licensee return the original program media to the authorized dealer from where the program was purchased.

5.3 SOLE REMEDY.  THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT ARE THE SOLE WARRANTIES WITH RESPECT TO THE PROGRAM AND ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE THE LICENSEE AGREES THAT IN NO EVENT SHALL FRONTSTEP SOLUTIONS GROUP INC. BE LIABLE TO THE LICENSEE OR ANY OTHER PERSON FOR ANY SPECIAL INCIDENTAL CONSEQUENTIAL, OR INDIRECT DAMAGES FOR ANY REASON.

6. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL FRONTSTEP SOLUTIONS GROUP INC., BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. 

7. GOVERNING LAW.  This Agreement shall be construed according to the laws of the State of Ohio.

8. U.S. GOVERNMENT RESTRICTED RIGHTS.  The Software and documentation is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by all U.S. Government End Users is subject to restrictions as set forth in subdivision (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013.

9. ACKNOWLEDGMENT.  The Licensee acknowledges that he or she has read this Agreement, understands it, and agrees to be bound by its terms and conditions.  The Licensee further agrees that this is the entire Agreement between the Licensee and Frontstep Solutions Group Inc. and that there have been no other warranties, representations, covenants or understandings relating of the subject matter of this Agreement
