IMPORTANT – READ CAREFULLY BEFORE INSTALLING THE SOFTWARE
By installing the software you indicate your acceptance of the following License Agreement
Avian Information Management System LICENCE AGREEMENT
This is a legal agreement between you (either an individual or an entity) and Avian Management Services Limited.
By installing this software you are agreeing to be bound by the terms of this Agreement.
If you do not agree to the terms of this Agreement do not install the software.
GRANT OF LICENCE. This licence Agreement permits you to use one copy of the Standalone / Server version of the Avian Information Management System software (the SOFTWARE) on a single computer, and the one copy of the Workstation versions of Avian Information Management System software program, (the SOFTWARE) that you have purchased workstation licenses for on a single network with one Server version.
The SOFTWARE is in ‘use’ on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM, or other storage device) of that computer. However, installation on a network server for the sole purpose of internal distribution shall not constitute ‘use’ for which a separate license is required, provided you have a separate license for each computer to which the SOFTWARE is distributed.
- COPYRIGHT. The SOFTWARE and databases supplied with the SOFTWARE are owned by Avian Management Services Limited and are protected by copyright law and international treaty provisions. Therefore, you must treat the SOFTWARE and supplied databases like any other copyright material (e.g. book or musical recording) except that you may transfer the SOFTWARE and supplied databases to a single hard disk provided you keep the original solely for back-up or archival purposes. You may not copy the written material accompanying the SOFTWARE.
- OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE, accompanying databases and written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile, or disassemble the SOFTWARE. If the SOFTWARE is an update or has been updated, any transfer must include the most recent update and all prior versions.
- LIMITED WARRANTY. Avian Management Services Limited warrants that the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above may not apply to you.
- CUSTOMER REMEDIES.
Avian Management Services Limited and its supplier’s entire liability and your exclusive remedy shall be, at Avian Management Services Limited option, either (1) return of the price paid, or (2) repair or replacement of the SOFTWARE, or hardware that does not meet Avian Management Services Limited Limited Warranty and that is returned to Avian Management Services Limited with a copy of your receipt. This Limited warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement of the SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
- NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Avian Management Services Limited and its suppliers disclaim all other warranties, expressed or implied, including, but not limited to, implied warranties or merchantability and fitness for a particular purpose with regard to the SOFTWARE, the accompanying written material, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction.
- NO LIABILITY FOR CONSEQUENTIAL DAMAGE. To the maximum extent permitted by applicable law, in no event shall Avian Management Services Limited or its suppliers be liable for any damages whatsoever
(including, without limitation, damages for loss of business profit, business interruption, loss of any business information, or any other pecuniary loss) arising out of the use of or inability to use this Avian Management Services Limited product, even if Avian Management Services Limited has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limited liability for consequential loss or incidental damage, the above may not apply to you.