Software license agreement

Overview

Your use of the Program(s) contained in this package indicates that you have read and understood these Terms and Conditions, and acknowledges your acceptance of them. Please read this license agreement carefully.

License

TriLynx Systems, Inc. agrees to grant you a non-exclusive license to use the enclosed program(s) [the Program(s)] subject to the terms and conditions of this license.

The Program(s), including manual and documentation, are copyrighted and contain trade secrets and proprietary property of TriLynx Systems, LLC. They are protected under the copyright laws of the United States, all rights reserved. Except for making a reasonable number of backup copies, reproduction or transfer of any part of any Program is forbidden without the expressed written permission of TriLynx Systems, LLC. In addition to any other of its rights, TriLynx Systems, LLC has the right to terminate this license if the terms of this license are violated. TriLynx Systems, LLC has the right to trace serial numbers at any time and in any reasonable manner.

Restrictions on Use and Transfer

The single NovaStar node (physical computer or virtual machine) version(s) of the Program(s) are to be used on one computer only at any one time. You may use the multi-node version(s) of the Program(s) over a network, provided that the number of NovaStar computers connected to the network simultaneously does not exceed the number stated in your fee agreement. In addition, you must notify TriLynx Systems, LLC of the number of NovaStar computers you have connected to the network. Transfer of this license to backup or replacement computer(s) is allowed if the original licensed computer(s) become inoperative or are in the process of being updated. You may not transfer, assign, or sub-license this license agreement or the Program(s), manuals, or documentation to a third party without written permission from TriLynx Systems, LLC. Upgrading software to newer versions of the Program(s) terminates the license for the old Program(s) and creates a license for the new Programs(s). You may not use or transfer the old Program(s) in this circumstance.

Term

This license is effective until terminated. You may terminate this license by giving TriLynx Systems, LLC 30 days written notice. TriLynx Systems, LLC may terminate this license if you fail to comply with the terms and conditions of this agreement in any way. Upon termination, for whatever reason, you must destroy all copies of the Program(s), the manuals, and documentation. You must also send written notice to TriLynx Systems, LLC certifying that these tasks have been accomplished.

Expressed and Implied Warranties

All expressed and implied warranties for this product including the warranties of merchantability and fitness for a particular purpose are limited in duration to a period of one year from the date of purchase. The date of purchase will be considered the date of invoicing or if no invoicing is done, the date of shipment from TriLynx Systems, LLC. The warranty period or the starting date of the warranty period may be extended only by a written contract between TriLynx Systems, LLC and the licensed user. Modification of the licensed Program(s) without expressed approval of TriLynx Systems, LLC voids the warranty.

Limitation of Liability

Neither TriLynx Systems, LLC nor anybody connected with TriLynx Systems, LLC shall be liable for any direct, indirect, incidental, or consequential damages, such as, but not limited to, loss of anticipated benefits or profits, resulting from the use of the Program(s) or arising out of any breach of warranty. The entire risk as to the results and performance of the Program(s) is assumed by the licensed user.