U.S. GOVERNMENT RESTRICTED
RIGHTS
This software and documentation are provided with RESTRICTED RIGHTS. Use,
duplication or disclosure by the Government is subject to restrictions
as set forth in subdivision (b)(3)(ii) of The Rights in Technical Data
and Computer Software clause at 252.227-7013. Contractor/manufacturer
is CyberMetrics Corporation.
QUESTIONS
If you have any questions concerning this agreement or if you wish to contact
CyberMetrics Corporation for any other reason, please write or call: CyberMetrics,
1523 West Whispering Wind Drive, Suite 100, Phoenix, AZ 85085.
Tel: (480) 295-3465 USA Toll-free: 1-800-776-3090 Fax:
(480) 922-7400
For technical support, please contact our product support and development office:
CyberMetrics Corporation
1523 West Whispering Wind Drive, Suite 100, Phoenix, AZ 85085 USA
Tel: (480) 295-3465 USA Toll-free: 1-800-776-3090 Fax: (480) 922-7400
Technical support is available by telephone during normal business hours, Mountain/Central time.
Electronic support is also available 24 hours a day to all registered users; contact Technical Support at:
support@cybermetrics.com or online http://faciliworks.com/support/
NOTE: TECHNICAL SUPPORT CANNOT BE PROVIDED UNLESS THE USER HAS FULLY COMPLETED AND MAILED IN THE ACCOMPANYING REGISTRATION CARD.
All CyberMetrics Corporation products are trademarks or registered trademarks of CyberMetrics Corporation. All other brand and product names are trademarks or registered trademarks of their respective holders.
This is a legal agreement between you, the end user and CyberMetrics Corporation (“CyberMetrics”). BY USING THIS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, PROMPTLY RETURN THE DISKS AND THE ACCOMPANYING ITEMS (including written materials and binders or other containers) TO THE PLACE FROM WHICH YOU OBTAINED THEM FOR A FULL REFUND.
SOFTWARE LICENSE
1. GRANT OF FACILIWORKS 8i LICENSE. CyberMetrics grants to you the right to install one instance of FaciliWorks 8i (“the SOFTWARE”) on one server. This installation will serve concurrent client sessions up to the number of purchased concurrent user licenses.
2. COPYRIGHT. The SOFTWARE is owned by CyberMetrics or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording) except that you may (a) make copies of the SOFTWARE solely for backup or archival purposes and (b) transfer the software to hard disks provided that only one copy of the SOFTWARE is used at any time. You MAY NOT COPY the written materials accompanying the SOFTWARE.
3. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement.
LIMITED WARRANTY. CyberMetrics warrants that you may return the SOFTWARE and all accompanying written materials, for any reason, for a full refund, for a period of 30 days from the date of receipt.
CUSTOMER REMEDIES. CyberMetrics’ entire liability and your exclusive remedy shall be, at CyberMetrics’ option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE that does not meet CyberMetrics Limited Warranty and which is returned to CyberMetrics with a copy of your invoice or receipt. 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 or 30 days, whichever is longer.
NO OTHER WARRANTIES. CyberMetrics DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED 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 TO STATE.
NO LIABILITY FROM CONSEQUENTIAL DAMAGES. In no event shall CyberMetrics, its distributors, its representatives or its suppliers be liable for any damages whatsoever (including, without limitation, damages for the loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of the use or inability to use this CyberMetrics product, even if CyberMetrics has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.