Please read the following license terms before proceeding to the order form.

 LICENSE  TERMS  FOR  SOFTWARE OWNED AND AND LICENSED BY
 PROVEN SOFTWARE, INC. and/or CARL BORNING & A.HUGH MCCURDY

  1. License:  Licensor(s) grants to the customer and customer accepts a non-transferable and non-exclusive license to use the software and its accompanying documentation.     All modifications, enhancements, or improvements of the software are covered by this license but are not included in the price of the software.
 
2.  Use of Software Program:  The customer may only use this software on a single computer at a single location which is identified in this contract.  If the identified data processing location becomes inoperative, this License temporarily extends to a back-up facility until the designated facility becomes operational.  The software shall not be used by or made available to any other person, firm, corporation or organization, even if affiliated with the customer.  The customer shall not assign, sub-license or otherwise transfer this License in whole or in part.  The customer shall limit its use of the software, including any modifications or improvements, to the application licensed in this agreement.

3.  Copies of Software Program:  Licensor(s) will furnish the customer with one copy of the licensed software and one copy of the user manual.  The customer may copy the licensed software in whole or in part for use by the customer at the identified data processing location for storage or emergency purposes.  All copies of licensed software shall be kept at the identified data processing facility, except that one backup copy may be kept at another location.   The customer shall not reproduce more than five copies without the prior written consent of licensor(s).  The originals and copies of the software are and shall remain the property of licensor(s).  Any copies of the software made by the customer shall show licensor(s)’s copyright and confidential notices, if any.

4.  Termination:  If the customer violates any of the provisions of this License Agreement, including defaults on the payment of any amount due, licensor(s) shall have the right to terminate the licensing agreement upon written notice to the customer.  Such termination shall not terminate the customer’s obligation to pay the overdue charges or liability for any damages arising from the customer’s breach of the License Agreement.  Upon termination,  the customer shall cease using the software or any modification  or improvement thereof and shall return all material to licensor(s), and furnish licensor(s) with a notarized statement that all material has been returned or destroyed.

5.  Limitation of Liability:  Licensor(s) is not responsible for the utilization of the software program or for any decisions made in connection with it.  The software is licensed “as is”.  Licensor(s) does not make any express or implied warranties including but not limited to the implied warranties of merchantability and fitness for any particular purpose.  The customer agrees that the liability of the licensor(s) under this Agreement for damages shall not exceed the price paid by the customer under this License Agreement.  Licensor(s) shall not be responsible for any direct, indirect, incidental or consequential damages incurred by the customer resulting from a defect in the software or with respect to any matter pertaining to this License Agreement, whether or not licensor(s) has advised of the possibility of such damage.

6.  Force Majeure:  Licensor(s) shall have no liability for any failure to perform or delay in performance due to any circumstances beyond its reasonable control.  In the event of any delay in performance due to such circumstances, the time for performance at the sole option of licensor(s), may be extended by a period of time necessary to overcome the effect of such delay.

Integration:  The preceding LICENSE TERMS constitutes the entire agreement between the parties and binds them, their successors, representatives, transferees and assigns.  No modification  of the agreement shall be made without the prior written consent of both parties.  The site and venue of any legal proceeding shall be Onondaga County, NY.  No refunds or returns.  The agreement shall be construed and interpreted in accordance with the Laws of New York.

I have reviewed the license terms and wish to proceed to the order form.