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END USER WEB SERVICES LICENSE AGREEMENT
END USER WEB SERVICE LICENSE AGREEMENT This is a legal agreement between you, the end user and purchaser, and Action Systems, Inc. By accepting this Web Service License, you are agreeing to become bound by the terms and conditions set forth below. If you do not agree to these terms and conditions, please return the complete package to the place of purchase within thirty (30) days from the date of purchase for a full refund. 1. DEFINITIONS Web Service shall mean web (internet) based applications running on Action Systems, Inc. servers that are used by you to fulfill a business need. Documentation shall mean all of the printed materials provided or later supplied by Action Systems, Inc. 2. LICENSE Action Systems, Inc. agrees to grant you a non-exclusive and non-transferable license to use the contracted Web Service subject to fulfilling the agreed payment terms on an ongoing basis. You may only use this service for the business specified at purchase time. We do not allow you to copy, modify, decompile, adapt, translate or distribute the screens and business logic that comprise the web service or its documentation, or create derivative works based upon the service or its documentation. The rights granted herein are limited to use of the Service and Documentation as defined within the Agreement. All rights not specifically granted in this Agreement are reserved by Action Systems, Inc. 3. LIMITED LIABILITY Action Systems, Inc. shall not be liable to the Licensee or any other person for any special, consequential, indirect or other similar damages or claims including loss of profit, or any other commercial damage caused or imagined to have been caused directly or indirectly by the use, or the inability to use, the Web Service. Action Systems, Inc. specifically disclaims all other warranties, expressed or implied. Action Systems, Inc. makes no representations or warranties with respect to the merchantability or fitness of the Web Service for any particular purpose, business or application. Implied warranties of merchantability are expressly and specifically disclaimed. In no event shall Action Systems, Inc. have liability for damages to you or any other person in excess of the price paid to Action Systems, Inc. for the license to use the Service, regardless of the form of any claim. 4. UPDATES AND REVISIONS Action Systems, Inc. reserves the right to modify and/or enhance the Software running the Web Service and Its Documentation without obligation to notify any person or organization of such changes. U.S. GOVERNMENT RESTRICTED RIGHTS This Service and Documentation is provided with restricted rights. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subdivision (b) (3) (ii) of the Right in Technical Data and Computer Software clause at 252.227.7013. This agreement is governed by the laws of the State of Maryland and United States law and international treaties with respect to patents, copyrights, and trademarks.
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