PCS WEBCHARTS END USER LICENSE AGREEMENT ("AGREEMENT")

NOTICE TO END USER:  CAREFULLY READ THIS AGREEMENT.  USE OF PCS WEBCHARTS ("SOFTWARE") AND ALL RELATED FILES PROVIDED WITH THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY DELETE THE SOFTWARE AND THE ACCOMPANYING ITEMS FROM YOUR SYSTEM.

1. License Grant.  Professional Computing Solutions, Inc. ("PCS"), hereby grants to you (either as an individual or entity) a nonexclusive sublicense subject to the provisions of this AGREEMENT, to use the SOFTWARE solely for your own internal personal or business purposes on a single computer (whether a standard computer or a workstation component of a multi-user network).  You may not copy the written materials accompanying the SOFTWARE.  This AGREEMENT remains in effect until the year 2040.

2. Proprietary Rights.  You acknowledge that the SOFTWARE is proprietary to PCS.  You agree to hold the SOFTWARE in confidence, disclosing the SOFTWARE only to authorized employees having a need to use the SOFTWARE as permitted by this AGREEMENT and to take all reasonable precautions to prevent disclosure to other parties.

3. Other Copies.  You will not make, have made or permit to be made any copies of the SOFTWARE or portions of the SOFTWARE, except as necessary for its use with a single licensed computer system under the terms and conditions of this AGREEMENT.  You agree that any such copies shall contain the same proprietary notices which appear on or in the SOFTWARE.

4. Ownership.  Except as stated above, this AGREEMENT does not grant you any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights, franchises or licenses in respect of the SOFTWARE.  Title to and ownership of the SOFTWARE, any reproductions and any documentation of the SOFTWARE, shall remain with
PCS.  You will not adapt or use any trademark or trade name which is likely to be similar to or confusing with that of PCS or any of its suppliers or take any other action which impairs or reduces the trademarks rights of PCS or its suppliers.

5. Other Restrictions.  This AGREEMENT is your proof of license to use the SOFTWARE in accordance with the terms of this AGREEMENT, and must be retained by you.  You may not rent or lease the SOFTWARE, but you may permanently assign your rights under this AGREEMENT to an assignee of all of your right, title and interest in and to the SOFTWARE, provided you transfer this AGREEMENT, all copies of the SOFTWARE and all accompanying written materials, and such assignee agrees to be bound by all the terms and conditions of this AGREEMENT.  YOU MAY NOT ALTER, MODIFY, REVERSE, ENGINEER, DECRYPT, DECOMPILE OR DISASSEMBLE THE SOFTWARE.

6. Content.  Title, ownership rights and intellectual property rights in and to the content accessed through the SOFTWARE is the property of the applicable content owner and may be protected by applicable copyright or other law.  This License grants you no rights to such content.

7. Limited Warranty.  PCS warrants that the SOFTWARE will perform substantially in accordance with the accompanying written materials and that the installation media and any printed materials are free from any physical defects for a period of ninety (90) days from the date of purchase.  Any implied warranties on the SOFTWARE, printed materials or diskettes are limited to ninety (90) days.

8. Customer Remedies.  PCS' entire liability and your sole and exclusive remedy shall be, at PCS's option, either to: (a) correct the error; (b) help you work around or avoid the error; or (c) authorize a refund.  This Limited Warranty is void if
failure of the SOFTWARE has resulted from accident, abuse or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period.

9. No Other Warranties.  PCS DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE, AND PCS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, THE ACCOMPANYING WRITTEN MATERIALS OR MEDIA.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST,
OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.  THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

10. PCS will gather end user registration information. This information will be used to notify customers and make decisions about support, product and business issues. PCS will never make registration information available to third parties without the express written consent of the consumer. PCS will not use customer name or other consumer information except as permitted by applicable law. You acknowledge that the laws and regulations of the United States restrict the export and re-export of commodities and technical data of United States origin, including the SOFTWARE.  You agree that you will not export or
re-export the SOFTWARE in any form without the appropriate United States and foreign government licenses.  You agree that your obligations pursuant to this Section of this AGREEMENT shall survive and continue after any termination or expiration of rights under this AGREEMENT.

11. Severability.  In the event of invalidity of any provision of this AGREEMENT, such invalidity shall not affect the validity of the remaining portions of this AGREEMENT.  The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

12. No Liability For Consequential Damages.  IN NO EVENT SHALL PCS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SOFTWARE, EVEN IF PCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT WILL PCS' LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE FOR THE SOFTWARE PAID BY YOU.

13. U.S. Government Restricted Rights.  If this product is acquired under the terms of a: (a) DoD contract, use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of 252.227-7013; or (b) agency contract, use, reproduction or disclosure is subject to 52.227-19 (a) through (d) and restrictions set forth in the accompanying end user agreement.  Unpublished- rights reserved under the copyright laws of the United States.

14. Governing Law.  This AGREEMENT is governed by the laws of the United States of America and the State of Virginia.

15. Entire Agreement.  This is the entire agreement between you and PCS which supersedes any prior agreement, whether written or oral, relating to the subject matter of this AGREEMENT. Should you have any questions concerning this AGREEMENT, or if you desire to contact PCS for any reason, please use the contact information found at http://www.thepcsweb.com.

Copyright 2000 Professional Computing Solutions, Inc. All rights reserved.
http://www.thepcsweb.com
