This License Agreement is your proof of license.
Please treat it as valuable property.
National Schedule Masters License Agreement
This is a legal agreement between You (either an individual or an entity) and National Schedule Masters. By opening the software package
and/or using the SOFTWARE, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this agreement, promptly
return the disk package and accompanying items (including printed materials and binders or other containers) to the place you obtained them
for a full refund.
NATIONAL SCHEDULE MASTERS SOFTWARE LICENSE
GRANT OF LICENSE. This National Schedule Masters License Agreement ("License") permits you to use
one copy of the specified version of the National Schedule Masters software product identified above, which may include user documentation
provided in "online" or electronic form ("SOFTWARE"), on any single computer, provided the SOFTWARE is in use on only one computer at any
time. If this package is a License Pack (which consists of one (1) original set and one (1) library set). You have an office site license
for the SOFTWARE and users must be Your current employees. The SOFTWARE is "in use" on a computer when it is loaded into the temporary memory
(i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer, except that a copy
installed on an office network server for the sole purpose of distribution to other in-office computers is not "in use." The granting of
this License allows installation on your immediate computer network. and can be used office-wide but may not be installed on any systems
(including field offices) outside your division or office. Licensing is limited and specific to geographic divisions only. This includes
a restriction on the installation of this SOFTWARE on a network server that is accessible by computers outside your physical geographic
division. The use of this SOFTWARE in conjunction with network sharing software or with network connectivity configurations that allow sharing
of the SOFTWARE is not allowed under this License if such configurations allow access and/or remote control of the SOFTWARE from a field
office or any location outside the Licensed geographic division.
If the anticipated number of users of the SOFTWARE will exceed the number of applicable Licenses, then you must have a reasonable mechanism
or process in place to ensure that the number of persons using the SOFTWARE concurrently does not exceed the one License (1). If the SOFTWARE
is permanently installed on the hard disk or other storage device of a computer (other than a network server) and one person uses that computer
more than 80% of the time it is in use, then that person may also use the SOFTWARE on a portable or home computer. Upon departure from your
employment, all license privileges stated herein are revoked.
FIELD USE. Field use is not permitted or covered under this license agreement and will be negotiated
under separate cover.
UPGRADES. If the SOFTWARE is an upgrade from National Schedule Masters, you may use or transfer the
SOFTWARE only in conjunction with that upgraded product, unless you destroy it. If the SOFTWARE is an upgrade, you may use that upgraded
product only in accordance with this License, except that if the SOFTWARE is an upgraded from a component of a package of software programs
which you licensed as a single product, the SOFTWARE may be used and transferred only as part of that single product package, and according
to the License Agreement provided earlier with that single product package.
COPYRIGHT. The SOFTWARE (including any images, "applets," video and text incorporated into the SOFTWARE)
is owned by National Schedule Masters and is protected by United States copyright laws and international treaty provisions. Therefore, you
must treat the SOFTWARE like you would any other copyrighted material (e.g., a book or video) except that you may transfer the SOFTWARE
to YOUR hard disk(s) provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying
the SOFTWARE, nor print copies of any user documentation provided in "online" or electronic form.
OTHER RESTRICTIONS. This License is your proof of license to exercise the rights granted herein and
must be retained by You. You may not rent or lease the SOFTWARE, but you may transfer your rights under this License on a permanent basis
provided you transfer this License, the SOFTWARE, and all accompanying printed materials, retain no copies, and the recipient agrees to
the terms of this License. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except to the extent that the foregoing
restriction is expressly prohibited by applicable law.
LIMITED WARRANTY. National Schedule Masters warrants that (a) SOFTWARE will perform substantially
in accordance with the accompanying printed materials for a period of ninety (90) days from the date of receipt; and (b) any hardware accompanying
the SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of one (1) year, respectively.
Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
CUSTOMER REMEDIES. National Schedule Masters entire liability and your exclusive remedy shall be,
that National Schedule Masters will repair or replace the SOFTWARE or hardware that does not meet National Schedule Masters Limited Warranty
and that is returned to National Schedule Masters with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE
or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original
warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies or any product support services
offered by National Schedule Masters are available without proof of purchase from an authorized non-U.S. source.
DISCLAIMER. Computer-aided-scheduling software and other technical software are tools intended to
be used by trained professionals only. They are not substitutes for your professional judgment. Scheduling software and other technical
software are intended to assist with product completion and are not substitutes for independent testing. Due to the large variety of hardware
applications for the software the software has not been tested in all situations under which it may be used. Further liability is defined
under LIMITED WARRANTY AND CUSTOMER REMEDIES.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable law National Schedule Masters disclaims
all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular
purpose, with respect to the SOFTWARE, the accompanying written materials, and any accompanying hardware. This limited warranty gives you
specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall
National Schedule Masters be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business
interruption, loss of business information or other monetary loss) arising out of the use or inability to use this National Schedule Masters
product, even if National Schedule Masters has been advised of the possibility of such damages. Because some states/jurisdictions do not
allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by
the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19,
as applicable. Manufacturer is National Schedule Masters, P.O. Box 1616, San Marcos, CA 92079-1616.
If you acquired this product in the United States, this Agreement is governed by the laws of the State of California.
If you acquired this product in Canada, this Agreement is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto
irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may
arise hereunder in the courts located in the Judicial District of York, Province of Ontario.
If this product was acquired outside the United States, then local law may apply.
Should you have any questions concerning this Agreement, or if you desire to contact National Schedule Masters for any reason, please contact
National Schedule Masters at (760) 744-5700 or write to National Schedule Masters, P.O. Box 1616, San Marcos, CA 92079-1616.