VMS EULA - End User's License Agreement.
PLEASE READ THIS LICENSE CAREFULLY BEFORE PROCEEDING TO USE THE PROGRAM. USE OF THE SOFTWARE IS AT THE USER'S RISK. WITS ASSUMES NO RESPONSIBILITY FOR ERRORS, DAMAGE, OR SECURITY BREACHES INCURRED BY THIS SOFTWARE.
BY USING OR COPYING THE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY REMOVE THE SOFTWARE TOGETHER WITH ALL COPIES FROM YOUR COMPUTER. USER'S USE OF THIS SOFTWARE IS CONDITIONAL UPON COMPLIANCE BY THE USER WITH THE TERMS OF THIS LICENSE.
This WITS Software License Agreement ("License") is an agreement between you (the individual or corporation who operates the Software) and WITS. This License applies to the WITS software product (the "Software"), which includes the program (the "Program") and any applicable user materials (the "Related Documentation").
Note: VMS is not crippled in anyway. You may add an unlimited number of volunteers and agencies. Although VMS is secured, the VBA code is not password protected. If you want to see the database window when you open VMS press and hold down the "Shift" key when you click the OK button at the logon screen. Note: you must logon as Cedrick in order for the shift key to be enabled:
1. GRANT OF LICENSE. WITS grants you a non-exclusive, non-transferable right to use the Software in machine executable form on a single designated central processing unit (CPU). If you want other Volunteer Managers to use this software please direct them to the WITS website:
You are free to use the VBA procedures found in VMS in any of your own MS-Access databases but you may not present VMS in whole or in part as a product of your own genius without permission. However, for the most part permission will be granted for any reasonable request, see the end of EULA for contact info.
Your right to use the Software is conditional upon your compliance with the terms of this License. You agree you will only copy the Software into any machine-readable or printed form as necessary to use it in accordance with this License or for back-up purposes in support of the authorized use of the Software. You may demonstrate the software and its capabilities.
YOU MAY NOT REPRODUCE OR DISTRIBUTE THE SOFTWARE FOR RESALE OR FOR OTHER COMMERCIAL PURPOSES, INCLUDING AND WITHOUT LIMITATION THE BUNDLING OF THIS SOFTWARE WITH ANY PRODUCT THAT IS OFFERED FOR SALE, WITHOUT THE PRIOR WRITTEN AUTHORIZATION OF WITS.
2. OTHER RESTRICTIONS. Except with the express written consent of WITS, you are specifically prohibited from: (a) renting, leasing, selling or distributing the Software; (b) transferring the Software or this License to any other party.
Any such unauthorized use shall result in immediate and automatic termination of this License (without any notice from WITS). All rights not expressly granted herein are reserved to WITS. This License above is not transferable, assignable, saleable, or franchisable by you to any third party. Rights to distribute the Software may be negotiated independently with WITS.
3. COPYRIGHT. Title and ownership of the Software and all associated intellectual property rights, including but not limited to any trademark, trade secrets, copyright or similar rights in the Software are and shall remain the exclusive property of WITS and/or its licensors. The Software is protected by copyright law and by applicable international treaty provisions. Except for back-up purposes as specified in Section 1 above, you are not permitted to copy the Software. Do not give a copy to anyone. If you want others to use the software tell them to come to www.witstoronto.ca and download there own copy.
4. TERM. This License is effective for the duration of the useful life of the Software or until terminated. This License shall terminate automatically (without notice from WITS) should you fail to comply with any of the terms or conditions of this License. Upon termination of the License for any reason, all copies of the Software must be destroyed.
5. WARRANTY. EXCEPT FOR BUGS FOUND IN THE SOFTWARE WHICH WILL BE FIXED UPON NOTIFICATION BY THE USER, WITS MAKES NO WARRANTIES WITH RESPECT TO THE SOFTWARE. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ARE RESPONSIBLE FOR THE ENTIRE RISK WITH RESPECT TO THE QUALITY AND PERFORMANCE OF THE PROGRAM. WITS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATIONS OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE. FURTHERMORE, WITS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THEIR CORRECTNESS, ACCURACY, RELIABILITY OR EFFECTIVENESS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WITS OR ANY WITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE WITS SOFTWARE PROVE DEFECTIVE, YOU (AND NOT WITS OR A WITS AUTHORIZED REPRESENTATIVE) AGREE TO ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION WITH THE EXCEPTION OF BUG FIXES AS NOTED ABOVE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY IN ITS ENTIRETY TO YOU.
6. LIMITATION OF LIABILITY. IN NO EVENT WILL WITS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM, EVEN WHERE WITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION OF LIABILITY MAY NOT FULLY APPLY TO YOU. IN NO EVENT SHALL THE LIABILITY OF WITS, OR ITS EMPLOYEES, REPRESENTATIVES OR DISTRIBUTORS, FOR ANY CLAIM ARISING FROM THE USE OF THE SOFTWARE OR THIS AGREEMENT EXCEED THE AMOUNT OF FEES RECEIVED BY WITS, IF ANY, IN RESPECT OF YOUR USE OF THE SOFTWARE.
7. U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government of the computer software and documentation in this package shall be subject to the restricted rights applicable to commercial computer software as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013 DFARS 52.227-7013) or subdivision (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights clause at 48 CFR 52.227-19, as applicable. The contractor/manufacturer is WITS, 407 Herbert Street, Maple Creek, SK, Canada S0N 1N0.
8. GOVERNING LAW. This License will be governed by the laws of the Province of Ontario, Canada and you agree that any litigation arising hereunder shall be brought by you before the courts of the Judicial District of Toronto, Province of Ontario. WITS may initiate an action in any appropriate jurisdiction. If for any reason a court of competent jurisdiction finds any provision of this License unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
9. EXPORT CONTROL. The user agrees to comply with all export laws, restrictions and regulations of the United States or foreign agencies or authorities, and not to export or re-export the Product or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, each party shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own export of the Product. Neither the Product nor the underlying information or technology may be downloaded or otherwise exported or re-exported (i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions covering the Product, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By installing or using the Product, Licensee agrees to the foregoing and represents and warrants that it complies with these conditions.
10. COMPLETE AGREEMENT. You acknowledge having read this License agreement, understanding it and agreeing to be bound by its terms and conditions. It is understood that this License is the complete and exclusive statement between you and WITS (including its dealers, distributors, agents and employees) which supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of the License. Should you have any questions regarding this License or the Software, please contact in writing:
Wright Information Technology Solutions (WITS)
PO Box 2153 - 407 Herbert Street
Maple Creek, SK,
Canada S0N 1N0