PREORDER FORM
LICENSE AND SALES AGREEMENT
GRANT OF LICENSE
This document is an agreement between you, the end user, and
ABI TREATMENT SOFTWARE SOLUTIONS, INC.
By initial installation and /or use of any of the program or program’s, which are part of ABI TREATMENT SOFTWARE SOLUTIONS, INC.
(NEWOTRAK Version 1.0 herein called the program) you are agreeing to become bound by the terms of all parts of this agreement. This agreement constitutes the complete agreement between you and ABI TREATMENT SOFTWARE SOLUTIONS, INC., and it may not be changed or terminated orally but only by an instrument in writing signed by the party against whom enforcement of any waiver, change, modification, extension, discharge or termination is sought.
GRANT OF LICENSE
In consideration of payment of the license fee, which is a part of the price you paid for this product, ABI TREATMENT SOFTWARE SOLUTIONS, INC. as Licensor, grants to you, the Licensee, nonexclusive right to use and display this copy of the program at a single location.
OWNERSHIP OF THE PROGRAM
As Licensee, you own the magnetic or other physical media on which the program is originally or subsequently recorded or fixed, but
ABI TREATMENT SOFTWARE SOLUTIONS, INC. retains title and ownership of the program recorded on the original disk copy or copies and all subsequent copies of the program, regardless of the form or media in which the original and other copies may exist. This license is not a sale of the original program or any copy.
USE RESTRICTIONS
As the Licensee, you may physically transfer the program from one computer to another if the program is used at only one site. A site is defined as one business at one physical location. Branch offices, Satellite offices, or multiple businesses sharing the same location are not covered under this agreement. Additional licenses for more than one site may be purchased at an additional fee.
Use of NEWOTRAK on a wide area network (WAN) is a violation of this agreement.
TRANSFER RESTRICTIONS
The program is licensed only to you, and may not be transferred to anyone without the prior written consent of
ABI TREATMENT SOFTWARE SOLUTIONS, INC. Any authorized transferee of the program shall be bound by the terms and conditions of this agreement.
In no event may you transfer, assign, rent, lease, sell or otherwise dispose of the program on a temporary or permanent basis.
ABI TREATMENT SOFTWARE SOLUTIONS, INC.’s entire liability and your exclusive remedy as to the disk or disks shall be at ABI TREATMENT SOFTWARE SOLUTION, INC.’s option, either (a) return of the purchase price, or (b) replacement of the disk (s) that do not meet the above stated limited warranty and which is returned to ABI TREATMENT SOFTWARE SOLUTIONS, INC. with a copy of the receipt. If a failure of the disk returned is from accidental abuse, or misapplications, ABI TREATMENT SOFTWARE SOLUTIONS, INC. shall have no responsibility to replace the disk(s) or refund the purchase price. Any replacement disk(s) will be warranted for the remainder of the original warranty period or thirty (30) days. Whichever is longer?
IN NO EVENT WILL ABI TREATMENT SOFTWARE SOLUTIONS, INC. BE LIABLE FOR ANY DAMAGES INCLUDING LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE PROGRAM, EVEN IF ABI TREATMENT SOFTWARE SOLUTIONS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
