License Agreement |
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Copyright This ACTIVE Hy-Tek product is Copyrighted by The Active Network, LLC.
Copyright Information U.S. copyright laws and international copyright treaties protect this software, and any documentation. By using this software, you acknowledge that you have read, understood, and agree to be bound by all of the provisions of this license.
License, Copy, and Use Restrictions The licensed name is printed at the top left of all reports, is shown when you click on Help then About , and is displayed at the bottom left of the Main Screen.
NOTE: If the License name of your product is TEAM MANAGER Lite, then the software has been provided to you FREE and is to be used ONLY as a Demo or for entering your one club's roster, setting up a meet and declaring your entries, and then exporting those entries electronically to your Meet Host on diskette or directly to the web. Please refer to your TM Help to find out more about TM Lite.
There are two types of product Licenses for TEAM MANAGER.
The Active Network, LLC licenses (not sells) this single user software to the Swim Team or Swim Organization that is printed on the top left of all reports and displayed on the product Logo/Introduction Screen for use on multiple computers for which the software was designed. This means The Active Network, LLC allows you to use the software on multiple computers as long as it is being used for the one club or school for which it is licensed.
Specific Restrictions: The single user software may NOT be distributed to other schools or clubs. For example, if the software is licensed to a YMCA or USS club, that software cannot be used for a College or High School team.
You may make no more than one (1) additional copy of the original CD that the software is delivered on for back-up purposes and you may install the software on a hard disk on your authorized computers as a working copy.
You may not make any changes or modifications to the software, or delete any of the files contained in the software, and you may not decompile, disassemble, or otherwise reverse engineer the software. This software is not for sale, and you may not sub license, rent, lease, donate, sell, loan, pledge, transfer, or distribute on a temporary or permanent basis the original copy or back-up copies of the software or the documentation to another user or company.
LIMITED WARRANTY This product is warranted that the magnetic media that the software is recorded on and the documentation provided with it are free from defects in materials and workmanship under normal use. The software is warranted that the software itself will perform substantially in accordance with the specifications set forth in this User Guide provided that the data itself is either keyed in using this product's data entry screens, or imported from any other ACTIVE Hy-Tek product database.
The Active Network, LLC will replace the installation CD that proves defective in materials or workmanship, without additional charge, on an exchange basis within 30 days of having shipped the CD. If a CD media problem is reported after this 30 day period, The Active Network, LLC will replace the CD according to its standard Disk Replacement policy in which you would remit to The Active Network, LLC the CD replacement costs of $10.00 plus the S&H costs. In the case of an error in the documentation, The Active Network, LLC will correct errors in the Help section of the product without charge and provide updates as required that reflect these Help section changes.
The Active Network, LLC will either replace or repair without additional charge any software that does not perform in substantial accordance with the specifications of the documentation. This will be done by your downloading the current update from the The Active Network, LLC web site at hytek.active.com, assuming you're on the current released version of the software. If you are not on the current released version of the software, you may receive a corrected version by remitting the standard The Active Network, LLC product update fee.
The Active Network, LLC does not warrant that the functions contained in the software will meet your particular requirements or that the operation of the software will be uninterrupted or error free. The warranty does not cover any media or documentation that has been subjected to damage or abuse by you. The software warranty does not cover any copy of the software that has been altered or changed in any way by you or others. The Active Network, LLC is not responsible for problems caused by changes in the operating characteristics of the computer hardware or operating system which are made after the delivery of the software.
Except as specifically provided herein, The Active Network, LLC makes no express or implied warranties whatsoever and expressly disclaims the implied warranties of merchantability and fitness for a particular purpose. These warranties shall be in effect two years from the time the original software or product update is delivered.
Your Obligations Under the Warranties:
During the warranty period, you must contact The Active Network, LLC customer service department for an authorization to return any defective item toThe Active Network, LLC. If The Active Network, LLC's customer service representative is unable to correct your problem, you will be provided a return authorization number and an address for returning the defective item for warranty service or replacement. You must insure any defective item being returned since The Active Network, LLC does not assume the risk of loss or damage while in transit.
LIMITATION OF LIABILITY The Active Network, LLC shall not, in any event, be liable for special incidental, consequential, indirect, or other similar damages, even if The Active Network, LLC or its distributor has been advised of the possibility of such damages. In no event shall The Active Network, LLC's liability exceed the licensee fees paid for the right to use the licensed software or $200.00, whichever is less.
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