IMPORTANT: Read this before using your copy of Portlock software. This document is a legal agreement between you (an individual or business), the Licensee and Portlock Corporation (Portlock). Use of the enclosed software indicates your acceptance of these terms. As used in this License Agreement, the term SOFTWARE means the software electronically generated, or included on the CD or disk media provided with this License Agreement. The term SOFTWARE does not include any software that is covered by a separate license offered or granted by a person other than Portlock.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, EITHER DESTROY OR RETURN, INTACT, THE SOFTWARE PACKAGE, TOGETHER WITH THE OTHER COMPONENTS OF THE PRODUCT TO THE PLACE OF PURCHASE FOR A REFUND OF THE PURCHASE PRICE.
PROPRIETARY RIGHTS: The SOFTWARE and any accompanying documentation are the proprietary products of Portlock, or its licensors and are protected under national laws and international treaty provisions. Ownership of the SOFTWARE and all copies, modifications, translations, and merged portions thereof shall at all times remain with Portlock and its licensors.
GRANT OF LICENSE and TERM: The SOFTWARE and accompanying documentation are being licensed to you, which means you have the right to use the SOFTWARE only in accordance with this License Agreement. The SOFTWARE is considered in use on a computer when it is loaded into temporary memory or installed into permanent memory. This license is effective from your date of purchase and shall remain in force until terminated. You may terminate the license and this License Agreement at any time by destroying the SOFTWARE and the accompanying documentation, together with all copies in any form.
PERSONAL LICENSE: This license is personal to you. You may not sublicense, lease, sell, or otherwise transfer the SOFTWARE or any of the accompanying documentation to any other person. You may use the SOFTWARE only for your own personal use if you are an individual, or for your own internal business purposes if you are a business.
COMPUTER-SPECIFIC LICENSE: Each permitted copy of the SOFTWARE may be used only in connection with a hard drive(s) that is permanently connected to ONE specific computer (either a stand-alone computer or a computer connected to a network) owned or leased by you. Once a copy of the SOFTWARE has been used on a computer, it may not be used on any other computer. If the SOFTWARE is made available on a network, only ONE specific computer may access it. It may not be used on any additional computers without purchasing additional licenses.
NUMBER OF COPIES LICENSED: You are authorized to use ONLY a single copy of the SOFTWARE on a single computer. All copies of the SOFTWARE must include our copyright notice and other legal notices.
UPDATES: When you purchase any Portlock product, you receive one year of free product updates and technical support. After one year you may purchase a renewal license which gives you an additional year of free upgrades and technical support.
Level One: Technical Support via Email
While Technical Support via Email is also free, support is limited to existing customers and selective pre-sales evaluation questions. Questions from expired customers will not be answered until the customer has renewed their software license(s).
Level Two: Tech Support Incidents via Telephone
Tech Support Incidents via Telephone are free for one year from the date of purchase. Otherwise, customers may purchase a Tech Support Incident by calling us at (425) 286-2490.
Level Three: Consultant Services
Consultant Services involve a Portlock Technician walking a customer through an entire imaging process. Consultant Services may be purchased by calling us at (425) 286-2490. Customers may have a Portlock Technician login to their server using RConJ or RealVNC. Consultant Services cannot be used as Technical Support Incidents and vice-versa. If an error is encountered during the process, it will be resolved by the Portlock technician.
BACKUP COPY: Only ONE copy of the SOFTWARE may be created for archival or backup purposes.
NONPERMITTED USES: Without the express prior written permission of Portlock, you may not (a) use, copy, modify, alter or transfer electron- ically or otherwise, the SOFTWARE or documentation except as expressly permitted in this License Agreement, or (b) translate, reverse program, disassemble, decompile, or otherwise reverse engineer the SOFTWARE.
EXPORT CONTROLS: Certain uses of the SOFTWARE by you may be subject to restrictions under U.S. regulations relating to exports and ultimate end uses of computer software. You agree to fully comply with all applicable U.S. laws and regulations, including but not limited to the Export Administration Act of 1979 as amended from time to time and any regulations promulgated thereunder.
U.S. GOVERNMENT RESTRICTED RIGHTS: If you are acquiring the SOFTWARE on behalf of any unit or agency of the United States Government, the following provision applies: It is acknowledged that the SOFTWARE and the documentation was developed at private expense and that no part is in the public domain and that the SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.
Contractor / Manufacturer is:
101 N Main St
Butte, MT 59701
LIMITED WARRANTY: (a) Portlock to you, the original end-user, (i) that the SOFTWARE, other than third-party software, will perform substantially in accordance with the accompanying documentation and (ii) that the SOFTWARE is properly recorded on the disk media. This Limited Warranty extends for ninety (90) days from the date of purchase. Portlock does not warrant any third-party software that is provided with the SOFTWARE, but Portlock agrees to pass on to you any warranties of the owner or licensor to the extent permitted by the owner or licensor.
(b) This Limited Warranty does not apply to any SOFTWARE that has been altered, damaged, abused, miss-applied, or used other than in accordance with this license and any instructions included on the SOFTWARE and the accompanying documentation.
(c) Portlock's entire liability and your exclusive remedy under this Limited Warranty shall be the repair or replacement of any Software that fails to conform to this Limited Warranty or, at Portlock's option, return of the price paid for the SOFTWARE. Portlock shall have no liability under this Limited Warranty unless the SOFTWARE is returned to Portlock or its authorized representative, with a copy of your receipt, within the warranty period. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.
(d) THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING.
(e) THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE.
(f) Your failure to return the enclosed registration card or complete the electronic registration included with the SOFTWARE may result in Portlock's inability to provide you with updates to the SOFTWARE, and you assume the entire risk of performance and result in such an event.
10. LIMITATION OF LIABILITY. IN NO EVENT SHALL PORTLOCK'S LIABILITY RELATED TO ANY OF THE SOFTWARE EXCEED THE LICENSE FEES ACTUALLY PAID BY YOU FOR THE SOFTWARE. EXCEPT FOR A RETURN OF THE PURCHASE PRICE UNDER THE CIRCUMSTANCES PROVIDED UNDER THE LIMITED WARRANTY, NEITHER PORTLOCK NOR ITS SUPPLIERS SHALL IN ANY EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, EVEN IF PORTLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY OR ANY OTHER LEGAL OR EQUITABLE GROUNDS. 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.
NO WAIVER: Any failure by either party to this agreement to enforce a specific part of the agreement in a specific situation is not a waiver of rights under the agreement. The party may still enforce the rest of the agreement in that situation and may still enforce some or all of the agreement in other situations.
CONCLUSION: This License Agreement constitutes the entire agreement between you and PORTLOCK pertaining to its subject matter. The laws of the State of Montana govern this License Agreement. Any litigation arising from this license will be pursued only in the state or federal courts located in the State of Montana. Even if part of the agreement is held invalid, the rest of the agreement is still valid, binding and enforceable.
Should you have any questions concerning this Agreement, or if you desire to contact Portlock for any reason, please email or write to:
270 East Park Street, Suite C
Butte, MT 59701
Copyright © 2000-2009, Portlock Corporation. All rights reserved.