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Fox Village Dressage Software
IMPORTANT - READ CAREFULLY: This Fox Village End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Fox Village for the software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (collectively, "SOFTWARE PRODUCT"). By installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use the SOFTWARE PRODUCT.
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SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. Upon payment, this license will expire 12 months from the purchase date, upon which a new license must be obtained.
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1. GRANT OF LICENSE.
This EULA grants you the following:
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The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. Upon payment, this license will expire 12 months from the purchase date, upon which a new license must be obtained.
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You May:
use only one copy of one version of the various versions of the SOFTWARE PRODUCT on a single computer.
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make copies of the data file (*.sdf, *.hdf, *.kdf) for the sole purpose of backing up your data in the event of a system failure.
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use the SOFTWARE PRODUCT on a network, provided that you have a licensed copy of the SOFTWARE PRODUCT for each computer that can access the SOFTWARE PRODUCT over that network.
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after written notice to Fox Village, transfer the SOFTWARE PRODUCT on a permanent basis to another person or entity, provided that you retain no copies of the SOFTWARE PRODUCT and the transferee agrees to the terms of this agreement.
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You May Not:
rent, lease, sublicense or lend any portion of the SOFTWARE PRODUCT. This includes data compiled within the SOFTWARE PRODUCT and associated 3rd party software vendors.
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reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the SOFTWARE PRODUCT, or create derivative works from the SOFTWARE PRODUCT.
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import, export or modify the data in the backend files either directly or indirectly through any means including programmically other than through the Fox Village Dressage frontend user interface (FVD.mde/FVD.accde).
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modify the structure of the backend files including but not limited to tables, fields, indexes, relationship, queries, forms, reports, macros, modules or classes.
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Note: The backend files include but are not limited to the following file types:
Show File (.sdf),
Blank Show File (.jdf),
Show Template File (.kdf),
Horse & Rider file (.hdf),
Test File (.tdf). -
use a previous version or copy of the SOFTWARE PRODUCT after you have received a disk replacement set or an upgraded version as a replacement of the prior version. Upon upgrading the SOFTWARE PRODUCT, all copies of the prior version must be destroyed.
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2. TERMINATION
Without prejudice to any other rights, Fox Village may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT.
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3. COPYRIGHT
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Fox Village. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. You may not copy the printed materials, if any, accompanying the SOFTWARE PRODUCT.
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4. U.S. GOVERNMENT RESTRICTED RIGHTS
All SOFTWARE PRODUCT and documentation provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
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5. EXPORT RESTRICTIONS
You agree that you will not, directly of indirectly, export or transmit (a) the SOFTWARE PRODUCT or related documentation and technical data, or (b) your Application as described in Section 1 of this EULA (or any part thereof), of process, or service that is the direct product of the SOFTWARE PRODUCT to any country to which such export of transmission is restricted by any applicable U.S. Department of Commerce, or such governmental entity as may have jurisdiction over such export or transmission.
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MISCELLANEOUS
If you acquired this SOFTWARE PRODUCT in the United States, this EULA is governed by the laws of the State of Washington.
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If this product was acquired outside the United States, then local law may apply.
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Should you have any questions concerning this EULA, or if you desire to contact Fox Village for any reason, please write: Fox Village, 2020 A Street SE, Ste 101, Auburn, WA 98002
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LIMITED WARRANTY
Fox Village warrants that the media on which the SOFTWARE PRODUCT is distributed will be free of defects for a period of sixty (60) days from the date of delivery of the SOFTWARE PRODUCT to you. Your sole remedy in the event of a breach of this warranty will be that Fox Village will, at its option, replace any defective media returned to Fox Village within the warranty period or refund the money you paid for the SOFTWARE PRODUCT. Fox Village does not warrant that the SOFTWARE PRODUCT will meet your requirements or that operation of the SOFTWARE PRODUCT will be uninterrupted or that the SOFTWARE PRODUCT will be error-free. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
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THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OF IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
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DISCLAIMER OF DAMAGES.
IN NO EVENT SHALL FOX VILLAGE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES 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 FOX VILLAGE PRODUCT, EVEN IF FOX VILLAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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IN NO CASE SHALL FOX VILLAGE'S LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE PRODUCT. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER YOU ACCEPT THE SOFTWARE PRODUCT.