CASS END USER LICENSE AGREEMENT AND WARRANTY DISCLAIMER
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NOTICE: This
is a legally binding contract between you, the end user, and CASS.
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You may not:
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(i) rent, lease, copy, distribute, license, or otherwise transfer the Software or
its documentation to any other party. Licensee may make a reasonable number of back-up
copies for archival purposes only. The Software contains copyrighted material, trade
secrets and other proprietary material. If Licensee has the right to duplicate the
Software for multiple Users, then Licensee must reproduce on all such copies of
the Software the copyright notices and any other proprietary legends that were on
the original copy of the Software; or
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(ii) decompile, reverse engineer, disassemble, translate, make any attempt to discover
the source code of the Software or otherwise reduce the Software to a human perceivable
form, or modify, network, or create derivative works based upon the Software or
the documentation in whole or in part, nor permit any other party to do so.
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Notwithstanding anything herein, if the Software is lawfully acquired outside of
the United States within a jurisdiction which is a member of the European Union subject to the EEC Council Directive 91/250/EEC
of May 14, 1991, Licensee agrees that within that jurisdiction it shall not, and
shall not allow any party on Licensee's behalf to, attempt to reverse
engineer or decompile the Software into another computer language, except
as expressly and specifically provided in the EEC Council Directive 91/250/EEC of
May 14, 1991. Any and all information
obtained during such lawful reverse engineering and/or decompiling activities, including
but not limited to, the organization, logic, algorithms and processes of the Software,
shall be deemed to be the confidential and proprietary information of CASS or its
Licensors. Licensee shall not make
copies of the copyrighted Software documentation without the prior written permission
of CASS provided that for electronic transactions.
Licensee may make one (1) hard copy of such documentation for each User.
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Intellectual Property and Duplication of Software:
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The Software contains copyrighted material, trade secrets and other proprietary
material. If Licensee has the right
to duplicate the Software for multiple Users, then Licensee must reproduce on all
such copies of the Software the copyright notices and any other proprietary legends
that were on the original copy of the Software.
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Data Collection and Privacy Policy:
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You acknowledge and agree that CASS may collect and retain information about you,
such as your name, address, and e-mail address. You also understand that CASS
may employ other companies to perform functions on our behalf, such as fulfilling
orders, delivering packages, sending postal mail, sms and e-mail, providing
marketing assistance, and processing credit card payments. These companies may have
access to personal information needed to perform their functions, and may not use
such information for other purposes. By assenting to this agreement, you agree that
you have read and understand our Privacy Policy.
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Termination:
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This License is effective until terminated. Licensee may terminate this License
at any time by destroying all copies of the Software and its documentation. This
License will terminate immediately without notice from CASS if Licensee fails
to comply with any provision of this License. Upon termination, Licensee must destroy
all copies of the Software and its documentation and cease and desist from any further
use of the Software.
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Disclaimer of Damages:
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REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE,
IN NO EVENT WILL CASS, ITS RESELLERS OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL,
CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA
ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF CASS HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN
NO CASE SHALL CASS, IT�S RESELLER�S OR ITS LICENSOR�S LIABILITY EXCEED THE PURCHASE
PRICE FOR THE SOFTWARE.
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THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS
OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS.
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