HARVEY SOFTWARE, INC.
AUTHORIZED EPSTM
END-USER AGREEMENT
Use of this product constitutes a legal Agreement between you (either an individual
or entity), the End User, and Harvey Software, Inc. (hereinafter referred to
as Harvey Software) for the Harvey Software product identified below, which
includes computer software and associated media and printed materials, and may
include "online" or electronic documentation ("Licensor Product").
Harvey Software Licensor Product:
eDATA Processing System (EPSTM)
By installing, copying or otherwise using the Licensor Product, you agree to
be bound by the terms of this Agreement. If you do not agree to the terms of
this Agreement, promptly discontinue use of the Licensor Product.
1. Grant of License. This agreement permits you to make and use one unlocked
copy of the specified version of the Licensor Product, along with any programming
changes made by Harvey Software, on a single computer. The Licensor Product
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.
2. Copyright. The Licensor Product is owned by Harvey Software and is protected
by United States copyright laws and international treaty provisions. Therefore,
you must treat the Licensor Product like any other copyrighted material (e.g.,
a book or musical recording) except that you may either (a) make one copy of
the Licensor Product solely for backup or archival purposes, or (b) transfer
the Licensor Product to a single hard disk provided you keep the original solely
for backup or archival purposes. You may not copy any of the written materials
that may accompany the Licensor Product.
3. Other Restrictions. You may not rent or lease the Licensor Product, but you
may transfer your rights under this Agreement on a permanent basis provided
you transfer the Licensor Product, this Agreement, and all accompanying written
materials and retain no copies, and the recipient agrees to the terms of this
Agreement. Any transfer of the Licensor Product must include the most recent
update and all prior versions. Harvey Software will not support or update any
transferred Licensor Product without receiving new purchase fees from the recipient.
Harvey Software should be contacted immediately upon any such transfer. You
may not reverse engineer, decompile, or disassemble the Licensor Product.
4. Limited Warranty. Harvey Software warrants to the original installation site
that the original copy of the Licensor Product will perform substantially in
accordance with the accompanying written materials for a period of thirty (30)
days from the date of receipt.
5. Customer Remedies. Harvey Software's entire liability and your exclusive
remedy shall be, at Harvey Software's option, either (a) return of the price
paid, or (b) repair or replacement of the Licensor Product that does not meet
Harvey Software's Limited Warranty. This Limited Warranty is void if failure
of the Licensor Product has resulted from accident, abuse, or misapplication.
Any replacement Licensor Product will be warranted for the remainder of the
original warranty period or thirty (30) days, whichever is longer.
6. Product Refund Procedure during 30 Day Money-Back Guarantee Period. To receive
a refund for unwanted Licensor Product, end-users must first contact Harvey
Software Support at 800-231-0296 and request a Letter of Destruction. End-User
must agree to sign the Letter of Destruction and return it to Harvey Software
Support. The following also apply to qualify for a refund: (a) the refund request
is made before the end of the money-back guarantee period which is 30 days from
the time Harvey Software ships the Licensor Product; (b) Letter of Destruction
must be received by Harvey Software before the end of the 30 day money-back
guarantee period; (c) the money-back guarantee only applies to off-the-shelf
purchases paid by cash, credit card or check at the time of delivery; (d) the
money-back guarantee does not apply to shipping costs or custom programming;
(e) the money-back guarantee does not apply to add-on modules not included in
the original purchase; (f) the money-back guarantee does not apply to more than
one product purchase within a single order; (h) only one refund per customer.
END USER AGREES TO NOT RETURN UNWANTED LICENSOR PRODUCT UNLESS INSTRUCTED TO
DO SO BY HARVEY SOFTWARE. LICENSOR PRODUCT RETURNED WITHOUT FOLLOWING THIS PROCEDURE
WILL NOT RECEIVE A REFUND AND WILL BE REFUSED.
7. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HARVEY
SOFTWARE DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, WITH REGARD TO THE LICENSOR PRODUCT AND ANY ACCOMPANYING
WRITTEN MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU
MAY HAVE OTHERS WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
8. Confidentiality. Any information received from Harvey Software Licensed Materials, this product or Harvey Software is "Confidential Information". End User shall (a) hold in confidence, and not disclose to any person or entity, any Confidential Information of Harvey Software; and (b) not use or disclose any of the Harvey Software Confidential Information for any purpose at any time other than for the limited purpose of performance under this Agreement. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and, with respect to Confidential Information that is not a trade secret, shall continue for so long as such information maintains its status as Confidential Information.
9.
Changes to Harvey Software Services, Products and Materials. End User
understands and acknowledges that the Harvey Software Services, Harvey Software
Licensed Materials, and Harvey Software Products Systems may be updated, altered,
terminated, modified or supplemented at any time.
10. Ownership and Other Rights. End User hereby acknowledges and agrees that
Harvey Software is the owner of all right, title and interest in and to the
Harvey Software Licensed Materials and the Harvey Software trademarks, service
marks and logos ("Harvey Software Marks"). End User further does not acquire
any right of ownership in the Harvey Software Licensed Materials or Harvey Software
Marks. Harvey Software reserves all of its rights pertaining to the subject
matter hereof not specifically granted herein to End User.
11. Privacy. Any information collected by this product is kept private and confidential. Harvey Software does not share, rent or sell our customer lists and/or information to any third party vendors without End User permission. The information collected by this product is used for support, billing, activation, compliance, to improve client experiences and to improve features and use. Harvey Software has a complete privacy policy at the corporate web site available for all other forms of information collected.
12. No Liability for Consequential Damages. To the maximum extent permitted by applicable law, in no event shall Harvey Software be liable for any damages whatsoever (including, without limitation, damage for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this Harvey Software product, even if Harvey Software has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitations of liability for consequential or incidental damages, the above limitation may not apply to you. In the event a dispute arises between Harvey Software and the end user, the jurisdiction and venue for any dispute, civil action for claims, or damages shall be that of Lee County, Florida.
(At
the time of installing EPS the user is required to enter "YES" that they agree
or "NO" that they do not agree to this agreement. If they select "NO", they
will not be able to use this product.)
Harvey Software, Inc.
800-231-0296
FAX 828-492-0832
http://www.HarveySoft.com
Copyright (c) 1997-2023 Harvey Software, Inc. All rights reserved.
The Harvey Software Logo is a registered trademark of Harvey Software, Inc.