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You are purchasing a license to use the CrimeLink Software. The Software is owned by and remains the property of Precision Computing Intelligence, is protected by international copyrights, and is transferred to the original purchaser and any subsequent owner of the Software media for their use only on the license terms set forth below. Installing and/or using CrimeLink software indicates your acceptance of these terms. If you do not agree to all of the terms and conditions, return the software, manuals and any partial or whole copies within 10 days of purchase to the party from whom you received it for a refund, subject to a 15% restocking fee.
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USE OF THE SOFTWARE
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Precision Computing Intelligence ("PCI"), grants the original purchaser ("Licensee") the limited rights to possess and use the CrimeLink software and User's Guide ("Software") for its intended purposes. Licensee agrees that the Software will be used solely for Licensee's internal purposes, and that at any one time, the Software will be installed on a single computer only. If the Software will be installed on a networked system or on a computer connected to a file server or other system that physically allows shared access to the Software, Licensee agrees to provide technical or procedural methods to prevent use of the Software by more than one user.
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One machine-readable copy of the Software may be made for BACKUP PURPOSES ONLY, and the copy shall display all proprietary notices, and be labeled externally to show that the backup copy is the property of PCI, and that use is subject to this license. Documentation may not be copied in whole or part.
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Use of the Software by any department, agency or other entity of the U.S. Federal Government is limited by the terms of the below "Rider for Governmental Entity Users". |
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Licensee may transfer its rights under this License, PROVIDED that the party to whom such rights are transferred agrees to the terms and conditions of this License, and written notice is provided to PCI. Upon such transfer, Licensee must transfer or destroy all copies of the Software.
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Except as expressly provided in this License, Licensee may not modify, reverse engineer, decompile, disassemble, distribute, sub-license, sell, rent, lease, give or in any other way transfer, by any means or in any medium, including telecommunications, the Software or the database. Licensee will use its best efforts and take all reasonable steps to protect the Software from unauthorized use, copying or dissemination, and will maintain all proprietary notices intact. |
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LIMITED WARRANTY |
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PCI warrants the Software media to be free of defects in workmanship for a period of ninety days from purchase. During this period PCI will replace at no cost any such media returned to PCI, postage prepaid. This service is PCI's sole liability under this warranty. |
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DISCLAIMER |
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LICENSE FEES FOR THE SOFTWARE DO NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION OF RISK BY PCI, AND PCI DISCLAIMS ANY AND ALL LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR OPERATION OR INABILITY TO USE THE SOFTWARE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, LICENSEE INDEMNIFIES AND AGREES TO HOLD PCI HARMLESS FROM SUCH CLAIMS. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE LICENSEE. THE WARRANTIES EXPRESSED IN THIS LICENSE ARE THE ONLY WARRANTIES MADE BY PCI AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY GIVES YOU SPECIFIED LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. |
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TERM |
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This License is effective as of the time Licensee receives the Software, and shall continue in effect until Licensee ceases all use of the Software and returns or destroys all copies thereof, or until automatically terminated upon the failure of Licensee to comply with any of the terms of this License. |
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GENERAL |
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This License is the complete and exclusive statement of the parties' agreement. Should any provision of this License be held to be invalid by any court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remainder of the License shall nonetheless remain in full force and effect. This License shall be controlled by the laws of the State of Arizona, and the United States of America. |
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RIDER FOR U.S. GOVERNMENT ENTITY USERS |
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This is a Rider to the CrimeLink SOFTWARE LICENSE AGREEMENT, ("License"), and shall take precedence over the License where a conflict occurs. |
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1. The Software was: developed at private expense; no portion was developed with government funds; is a trade secret of PCI and its licensor for all purposes of the Freedom of Information Act; is "commercial computer software" subject to limited utilization as provided in any contract between the vendor and the government entity; and in all respects is proprietary data belonging solely to PCI and its licensor. |
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2. For units of the DoD, the Software is sold only with "Restricted Rights" as that term is defined in the DoD Supplement to DFAR 252.227-7013 (b)(3)(ii), and use, duplication or disclosure is subject to restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013. Manufacturer: Precision Computing, PO Box 2771, Sierra Vista, AZ 85636-2771 USA. |
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3. If the Software was acquired under a GSA Schedule, the Government has agreed to refrain from changing or removing any insignia or lettering from the Software or Documentation or from producing copies of manuals or disks (except for backup purposes) and; (1) Title to and ownership of the Software and Documentation and any reproductions thereof shall remain with PCI and its licensor; (2) use of the Software shall be limited to the facility for which it is acquired; and (3) if the use of the Software is discontinued at the original installation and the Government wishes to use it at another location, it may do so by giving prior written notice to PCI, specifying the new location site and class of computer. |
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4. Government personnel using the Software, other than under a DoD contract or GSA Schedule, are hereby on notice that use of the Software is subject to restrictions that are the same or similar to those specified above. |
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