Ovation Data Services Incorporated License Agreement

ODS provides this Program and licenses its use to you.  You are responsible for selecting the Program to achieve your intended results.  The Program, including its code, documentation, appearance, structure and organization, is a proprietary product of ODS and is protected by copyright and other laws.  Title to the Program, or any copy, modification or merged portion of the Program, shall at all times remain with ODS.

License: The following restricted rights are granted. A) Use of the Program only on a single computer. B) Make one copy of the Program for backup or archival purposes.  You may not: A) Transfer or rent the Program or use, copy or modify the Program, in whole or part, except as expressly permitted in this agreement. B) Decompile, reverse assemble or otherwise reverse engineer the Program.  C) Reproduce, distribute, or revise the Program documentation.  If you do any of the foregoing, your rights under this license will automatically terminate. Such termination shall be in addition and not in lieu of any criminal, civil or other remedies available to ODS.

Limited Warranty: Except as specifically stated in this agreement, the Program is provided and licensed "as is" without warranty of any kind, either express or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose.  ODS warrants that the Program will substantially perform the functions or generally conform to the Program's specifications published by ODS and included in this package.  ODS does not warrant that the functions contained in the Program will meet your requirements or that the operation of the Program will be entirely error free or appear precisely as described in the Program documentation.

Limitation of Remedies and Liability: To the maximum extent permitted by applicable law, the remedies described below are accepted by you as your only remedies, and shall be available to you only if you or your dealer returns the enclosed registration form to ODS.  ODS's entire liability and your exclusive remedies shall be: A) If the Program does not substantially perform the functions or generally conform to the Program's specifications published by ODS, you may within 30 days of delivery write to ODS to report a significant defect.  If ODS is unable to correct the defect within 90 days of receiving your report, you may terminate your license and this agreement by returning the Program with the original receipt and your money will be refunded.  B) If the Program disks are defective within 90 days of delivery, you may return it with a copy of your receipt and ODS will replace it.

To the maximum extent permitted by applicable law, in no event will ODS be liable to you for any damages, including lost profits, lost savings, or other incidental or consequential damages, arising out of the use or inability to use the Program, even if ODS or a dealer authorized by ODS had been advised of the possibility of such damages.

General: ODS does not guarantee the performance of the Program for use under every possible configuration.  If any provision of this agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby.  The Agreement shall be governed by the laws of the States of Delaware and Pennsylvania.

Any questions concerning this agreement should be made in writing to ODS Incorporated, 10650 Haddington Drive, Houston, TX 77043.

