ROYCESOFT SOFTWARE LICENSE AGREEMENT
READ THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT (HEREINAFTER THE "AGREEMENT")
CAREFULLY. BY DOWNLOADING, INSTALLING, IMPLEMENTING OR USING THIS SOFTWARE
PRODUCT, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT
THIS AGREEMENT IS ENFORCEABLE AS ANY WRITTEN AGREEMENT NEGOTIATED AND SIGNED BY
YOU AND ROYCESOFT CORPORATION (HEREINAFTER "ROYCESOFT"). IF YOU ARE ACCESSING
SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING
THE "ACCEPT" (OR EQUIVALENT) BUTTON. IF YOU DO NOT AGREE TO ALL OF THE TERMS,
PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR,
IF SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" (OR EQUIVALENT)
BUTTON.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN,
ROYCESOFT AND YOU HEREBY AGREE AS FOLLOWS:
DEFINITIONS:
(a) "You" shall mean the individual using, implementing, downloading, or
installing the underlying Software. In the event You are using, implementing,
downloading, or installing the underlying Software on behalf of an Organization,
all liability for a breach of this agreement shall be the responsibility of said
Organization.
(b) "Licensee" shall mean You together with any Organization You may be
representing, or any related agent, employee, or representative of You that has
downloaded, used, installed, or implemented the software package on Your behalf.
(a) "Software" shall mean any and all computer programs produced, created,
developed, or provided by ROYCESOFT, including, but not limited to, applicable
programs, fonts, components, hosted services, source code, modules,
corresponding documentation, updates, upgrades, or modifications thereto.
(b) "Developer" shall mean an individual who has a primary job function of
developing software applications.
(c) "Server" shall mean a computer system that multiple users access or make use
of, including but not limited to, terminal servers, file servers, application
servers or web servers.
(d) "Source Code Agreement" shall mean a separate written instrument governing
the use and rights to the underlying Software.
(e) "Effective Users" shall mean the number of users that are effective for
software licensing, which is determined by the following method that returns the
greatest number: (1) The number of users that have access to the Software, (2)
The number of computers on which the Software is installed, (3) The number of
printers that are being printed to with the Software, or (4) Where the Software
is used on a Server or run from a Server, the number of users per week that have
access to the Software on the Server, or (5) the number of users per week that
have access to programs making use of the Software on the server.
(f) "Pages Per Minute" shall mean the number of pages a printer can print on in
one minute when a page or series of labels is 11 inches long.
(g) "Affiliate Program" shall mean the automated sales referral program
described at http://www.roycesoft.com/affiliates/.
(h) "Organization" shall mean a single company, business unit, entity or
individual. In this Agreement, each subsidiary of a company or business unit
with a separate Tax ID is considered a separate Organization.
(i) "User" shall mean a single person that is making use of the Software.
TERMS:
1. License Grant
In consideration for the license fee paid, and other good and valuable
consideration, ROYCESOFT grants to Licensee only, unless otherwise limited by
the license purchased or granted, the nonexclusive, nontransferable, perpetual,
world-wide right to use the Software in accordance with this Agreement and the
license defined herein that Licensee purchases ("License"). If You are
installing, accessing or using this Software for Your employer, this Agreement
also includes Your employer. Licensee may only use the Software according to the
License purchased or granted by ROYCESOFT. ROYCESOFT offers several license
types to meet the needs of different Organizations and implementations.
Particular Licenses are offered for each product depending on the intended use
of the Software. ROYCESOFT offers some Licenses that are granted to Licensee by
this Agreement and not purchased; these include the Optional Integration
License, Evaluation License, Free License and the Beta License.
A. Site License - allows use of the Software for all users at a
single site within a single Organization. Because of the discounts associated
with this license, technical support is provided to a single technical contact
at Licensee's Organization instead of to each individual user.
B. Multi Site License - allows use of the Software for an
unlimited number of users at an unlimited number of sites within a single
Organization. Because of the discounts associated with this license, technical
support is provided to a single technical contact at Licensee's Organization
instead of to each individual user.
C. Developer Licenses
Developer Licenses offer royalty free use of the Software internally (within the
same Organization) and externally (outside the Organization bundled with an
application) according to the Developer License Distribution Terms. This license
type is licensed by the number of Developers that will be using or working with
the Software. The following types of Developer Licenses are available:
(1). One Developer License
The One Developer License (“1DL”) allows royalty-free distribution and use of
the Software internally (in the same Organization) and externally (outside the
Organization) for a single Developer and up to 10,000 user licenses according to
Effective Users, provided Licensee adheres to the Developer License Distribution
Terms.
(2). Five Developer License
The Five Developer License (“5DL”) allows royalty-free distribution and use of
the Software internally (in the same Organization) and externally (outside the
Organization) for up to five Developers and up to 20,000 user licenses according
to Effective Users, provided Licensee adheres to the Developer License
Distribution Terms. This license is also granted if two 1DLs are purchased.
(3). Unlimited Developer License
The Unlimited Developer License (“UDL”) allows complete royalty-free
distribution and use of the Software internally (in the same Organization) and
externally (outside the Organization) for an unlimited number of developers,
servers and other user licenses, provided Licensee adheres to the Developer
License Distribution Terms. This license is also granted if three 1DLs are
purchased. The UDL also allows the Source Code for the Software to be purchased
with a signed Source Code Agreement.
(4). Annual Advantage Developer License
The Annual Advantage Developer License (“AADL”) grants the rights of the
applicable Developer License on an annual subscription basis and includes
Priority Support & Unlimited Upgrades. For example, the Annual Advantage 5
Developer License grants the rights of the 5 Developer License. This License is
a convenient way to ensure that the Licensee has access to all updates and the
highest level of technical support at all times. ROYCESOFT will send the
Licensee an invoice by email for the renewal before the subscription expires.
This License and Agreement shall terminate if ROYCESOFT does not receive payment
for the subscription renewal ninety (90) days after the subscription expires. If
the AADL expires and is not renewed, the following conditions apply: (1)
Licensee must destroy all copies of the Software in its Organization within
ninety (90) days after subscription expiration; and (2) if Licensee has
distributed Software with an application outside its Organization, Licensee may
continue to use said Software in its application and Licensee may keep
applicable documentation, provided that Licensee does not continue to distribute
Software in its application, and payment for at least one AADL was received and
not refunded.
(5). Small Company Developer Licenses
The Small Company Developer License (“SCDL”) grants all rights of the applicable
Developer License to all Organizations with a gross annual revenue or funding of
less than 2 million U.S. Dollars (or equivalent amount in a foreign currency)
with a signed Small Company Agreement. All rights of the Five Developer License
are granted if 2 SCDLs are purchased and all rights of the Unlimited Developer
License are granted if 3 SCDLs are purchased.
D. Single User License
The Single User License ("SUL") allows use of the Software for one User in
Licensee's Organization according to Effective Users.
The SUL shall not be used in connection with: (1) A high speed printer that
prints over 55 Pages Per Minute, or (2) A system (including all hardware,
printer and software) having a cost totaling over 50,000 USD or equivalent
amount in a foreign currency. Such use requires a Developer License, Site
License or Multi Site License. The more single user licenses that are purchased,
the more users that are allowed:
1 Single User License = 1 licensed user
2 Single User Licenses = 5 licensed users
3 Single User Licenses = 25 licensed users
4 Single User Licenses = 50 licensed users
5 Single User Licenses = 100 licensed users
6 Single User Licenses = Developer License Granted for 10,000 licensed users
E. Multiple User Licensing
Multiple user licenses grant the rights of the Single User License for a
particular number of Users. For example, a 5 User License grants the rights for
5 Single User Licenses. These licenses may be combined; for example, 1 Single
User License and a 10 User License = 11 licensed users.
F. Developer use with the Single User License
Developer use with the Single User License requires at least a 5 User License to
be purchased unless the Developer and end User are the same person. A Developer
may integrate the Software into an application if the Developer is not the end
User, provided the Developer uses one License and the end User uses another
License. If more than one Developer uses the Software, Licensee must purchase a
Developer License for each additional Developer.
G. Single Server License
The Single Server License (“SSL”) allows use of the Software on one (1) server
in Licensee's Organization, where a single Server may have only 1 CPU core and
up to 100 unique User accesses to the Software from the Server per day. A SSL is
required for each additional Server, or CPU core. Additional SSLs may also be
obtained for the same server to increase the requirements. For example, 2 SSLs
allow 2 CPU cores and up to 200 unique User accesses to the Software per day on
the same Server. If 4 SSLs are purchased for the same Software, the rights of
the Developer License are granted. If the Software is not used on a server, the
licensing options of the Single User License may be used where 1 SSL equals 1
Single User License. The SSL shall not be used in connection with: (1) A high
speed printer that prints over 55 Pages Per Minute, or (2) A system (including
all hardware, printer and software) having a cost totaling over 50,000 USD or
equivalent in a foreign currency. Such use requires a Developer License, Site
License or Multi Site License.
H. Optional Integration License
The Optional Integration License grants Licensee the right to integrate Software
into Licensee’s application without any cost to Licensee and offers an
additional method of increasing Licensee’s revenue by generating referrals to
our Software through the Affiliate Program. This type of license is
automatically granted to Licensee by ROYCESOFT when executed in whole or in part
by Licensee and does not require a purchase or a signed agreement. Under the
terms of this Agreement, ROYCESOFT shall pay Licensee thirty percent (30%) for
each sale of Software that is processed through the Affiliate Program. ROYCESOFT
shall also provide support to Licensee’s clients as necessary for Software
problems related Licensee’s application and assist in the installation and
maintenance of the Software for Licensee’s application, provided that Licensee
supplies ROYCESOFT a copy of its application for support purposes. Under the
terms of this Agreement, Licensee shall: (a) agree not distribute any Software
(for which a purchased license is required) with Licensee’s application.
However, Software that is a demo, evaluation or freeware version may be
distributed with Licensee’s application provided that Licensee encourages and
recommends a license purchase from ROYCESOFT; (b) recommend our Software as a
plug-in or add-on to Licensee’s application to obtain additional functionality;
(c) provide a link to the applicable product from Licensee’s website to ours
using the Affiliate Program; (d) provide an API to our Software from Licensee’s
application; and (e) provide documentation or instructions to Licensee’s clients
for installation of Software into Licensee’s application.
I. Free License
Software that is classified as "freeware" or a "free version" ("Free Software")
may be freely used if any one of the following 4 conditions are true:
(1) Licensee's Organization has a gross annual revenue of less than $500,000
USD;
(2) Licensee's Organization is classified as nonprofit for tax purposes
excluding government and military Organizations;
(3) The Free Software is used for personal use or educational purposes (for
example, in a classroom); and
(4) If provided with an accompanying product by ROYCESOFT where the
documentation for the product grants a license to the Free Software. In such a
case, the Free Software may only be used in connection with the accompanying
product.
ANY OTHER USE REQUIRES A PURCHASE FOR THE ASSOCIATED PRODUCT LICENSE, AFTER A
PERIOD OF 30 DAYS, WHICH IS GRANTED TO LICENSEE FOR EVALUATION PURPOSES ONLY.
Technical support for Free Software is limited to the online support documents
and by searching resolved public help desk issues. Additional support including
priority phone, email and help desk support may be obtained by ordering a
license to the applicable Software. Free Software may only be redistributed with
the associated and unmodified Software, installation and documentation files.
Free Software may be bundled with any commercial package, CD ROM, distributed by
itself, and can be accompanying books or magazines provided that all files are
included and the files are not tampered with in any way. A reasonable fee may be
charged by the distributor to cover costs of media or shipping & handling. Free
Software may not be distributed in part as a component of Licensee's application
or Licensee's application installation files; this type of distribution requires
a Developers License for the associated product or implementation of the
Optional Integration License.
J. Evaluation License
Software that is distributed as shareware or a demo version may only be used for
testing and evaluation purposes only for a period of 30 days.
K. Beta License
Software that is distributed as a beta version may be used during the beta
testing period and up to 30 days after the official release is available.
L. Developer License Distribution Terms
As used in this section, the term ("User Licenses") shall mean the number of
Users that Licensee's License allows according to the definition of Effective
Users. The Developer License allows 10,000 Effective Users, The 5 Developer
License allows 20,000 Effective Users and the Unlimited Developer License allows
an unlimited number of Effective Users.
(a). Internal Distribution:
Allows use of the Software in Licensee’s Organization, provided Licensee does
not exceed its User Licenses and Licensee adheres to the following terms:
(1) If distribution of Licensee’s application exceeds its User Licenses,
additional Developer Licenses are required; each Developer License purchased
will allow distribution of an additional 10,000 Effective Users. Royalty-free,
unlimited distribution is granted after purchasing three Developer Licenses or
the Unlimited Developer License.
(2) If more than one Developer is developing with the Software, an additional
Developer License is required. Up to 5 Developers may use or develop with the
Software after purchasing an additional Developer License or the 5 Developer
License. Unlimited Developer use is granted after purchasing three Developer
Licenses or the Unlimited Developer License.
(3) The Software may be used on any number of Servers, provided that the number
of users accessing all of the servers does not exceed Licensee’s User Licenses.
(b). External Distribution:
Allows Licensee to rent, lease or distribute the Software outside its
Organization bundled with an application, provided Licensee does not exceed its
User Licenses and Licensee adheres to the following terms:
(1) If more than one Developer is developing with the Software, an additional
Developer License is required. Up to 5 developers may develop with the Software
after purchasing an additional Developer License or the 5 Developer License.
Unlimited Developer use is granted after purchasing three Developer Licenses or
the Unlimited Developer License.
(2) Licensee may not resell, rent, lease or distribute the Software alone. The
Software must be distributed as a component of an application and bundled with
an application or with the application's installation files. The Software may
only be used as part of, and in connection with, the bundled application. If the
Unlimited Developer License is purchased, Licensee may embed the Software into
Licensee's firmware, provided a copyright notice is added in the firmware or
documentation as detailed in number 5 of this section.
(3) Licensee may not resell, rent, lease, distribute or otherwise use the
Software for the License that was purchased, in any way that would compete with
ROYCESOFT. If it is determined by ROYCESOFT or Licensee that Licensee's
distribution or use of the Software competes with ROYCESOFT, a reasonable
royalty fee for Licensee's distribution or use of the Software must be
negotiated and agreed to by Licensee and ROYCESOFT and paid to ROYCESOFT each
quarter or another agreed upon interval of time.
(4) If Licensee uses the Software internally within its Organization, Licensee
shall deduct the quantity of its User Licenses used within its Organization from
the total number of its User Licenses that are distributed outside its
Organization. For example, if Licensee has a One Developer License and uses
4,000 User Licenses internally, it may only distribute up to 6,000 User Licenses
outside its Organization.
(5) A valid copyright notice must be provided within the user documentation,
start-up screen or in the help-about section of Licensee’s application that
specifies ROYCESOFT as the provider of the Software bundled with it’s
application, for example: “<<your application name>> contains barcode components
licensed from ROYCESOFT.com, Inc. These products may only be used as part of and
in connection with <<your application name>>.”
(6) Licensee’s User Licenses are counted by the number of users the Licensee's
bundled product is licensed for, with the exception that if its product is
licensed for more than 500 users per copy, only 500 licenses of the Developer
License are used per copy distributed. For example, if Licensee distributes 1
application licensed for 25 users, then that distribution used 25 User Licenses.
If Licensee distributes an application that is licensed to be used on a server
or host system in such a way that 900 users use it, then that application only
uses 500 of its User Licenses.
2. Registration
If Licensee purchases the License directly from ROYCESOFT, registration is
automatic. If Licensee purchases the License from a reseller, Licensee must
register the License at www.ROYCESOFT.com/register/ before technical support or
upgrades for the Software can be made available.
3. Copyright
By downloading, installing, using, or implementing this Software, Licensee
acknowledges the validity and enforceability of ROYCESOFT’s copyright in the
underlying software and code. The Software and the accompanying materials are
licensed, not sold, to Licensee. ROYCESOFT maintains ownership of all copyright
interests in the Software, including any derivative works based upon the
Software. Licensee may not rent, lease, display or distribute copies of the
Software to others except under the conditions of this Agreement. Unauthorized
copying of the Software or accompanying materials even if modified, merged, or
included with other software, or of the written materials, is expressly
forbidden. Licensee may be held legally responsible for any infringement of
intellectual property rights that is caused or encouraged by Licensees failure
to abide by the terms of this Agreement. Licensee may make copies of the
Software as needed for development and use provided that the number of copies
made do not exceed the number of users allowed by the License purchased.
Licensee may also make a reasonable number of archival copies of the Software
for backup and recovery purposes. In any case, when a copy is created, any
copyright notices included in the Software must be reproduced in their entirety
on the copy.
4. Third Parties
Licensee may send a copy of the Software along with its files or documents to a
commercial printer or other service bureau to enable the editing or printing of
its files or documents, provided that (a) Licensee owns a Developer License for
the Software; or (b) such party has informed Licensee that it owns a valid
License to use the Software.
5. Indemnification
ROYCESOFT warrants to Licensee that ROYCESOFT is, and will continue to be, the
sole owner of the Software including all patents, copyrights or other applicable
intellectual property rights in and to the Software unless otherwise indicated
in the Software. ROYCESOFT shall defend, indemnify and hold Licensee harmless
from any third party claims or lawsuits for intellectual property infringement
for properly licensed Software provided by ROYCESOFT. If Software is determined
to infringe, or in ROYCESOFT’s opinion is likely to become the subject of such a
claim, ROYCESOFT shall, at its option, either: (a) obtain for Licensee the right
to continue using the Software; (b) modify or replace the Software to make it
non-infringing; or (c) refund the fee paid, less reasonable depreciation, upon
return of the Software. Provided, however, that in no event shall ROYCESOFT’s
total liability (including attorney’s fees) under this paragraph exceed ten
times the purchase price Licensee pays for the License to use the Software.
ROYCESOFT shall have no liability regarding any claim arising out of: (a)
Software that is used in violation of this Agreement; (b) Software that has been
altered to be different from the purchased version, unless the infringing
portion exists in the unaltered purchased version; (c) use of the Software in
combination with other products (including but not limited to third party
software and hardware) if the infringement was caused by such use or combination
where the purchased version by itself does not infringe. ROYCESOFT shall: (1) give Licensee
prompt written notice of any such claims, actions, demands and legal proceedings
as soon as reasonably practicable; (2) give Licensee sole control of the defense
and settlement thereof; and (3) cooperate with Licensee in the defense thereof,
at Licensee’s expense.
6. Conversions and Embedding
ROYCESOFT grants Licensee the right to convert applicable source code or fonts,
if provided with the Software, to other formats as necessary provided Licensee
owns a Developer License for the Software and Licensee adheres to the following
terms:
A. The copyright notices from the Software must be reproduced in their entirety
in the converted product. If it is not possible to place the copyright notice in the
converted product, Licensee must provide the following copyright notice in the
associated documentation or application “<<your application name>> contains
<<product name>> licensed from ROYCESOFT. This product may only be used
as part of and in connection with <<your application name>>.”
B. Licensee may only embed source code or fonts in files, documents or reports
(for example, in a PDF file) that are distributed outside Licensees Organization
if Licensee has purchased a Developer License for the Software and Licensee does
not encourage users to extract the embedded source code or fonts.
C. Precise URLs or domains must be specified when creating web embedded fonts
such as TrueDoc or OpenType to limit their use to the application they are
needed for.
7. Software Modifications
If the Unlimited Developer License is purchased, Licensee may modify any
portions of the Software as needed, provided that copyright notices are not
removed, including but not limited to the height, width and tables of any fonts
provided.
8. Agreement Duration and Termination
Subject to the terms and conditions of this Agreement, this Agreement begins
when the Software is downloaded, installed, used or when a License for Software
is purchased or granted and is perpetual unless terminated. When the Agreement
begins, this Agreement shall supersede all older versions of this Agreement
including any older Agreements that may be embedded in the Software. This
Agreement shall inure to the benefit of and be binding upon ROYCESOFT and
Licensee. Licensee may terminate this Agreement at any time by returning the
Software to ROYCESOFT and destroying all copies thereof. This Agreement shall
terminate upon notice from ROYCESOFT if Licensee fails to comply with any
provision contained herein or if the funds paid for the license are refunded or
are not received, and such failure or breach is not cured within thirty (30)
days of such notice. Upon termination, Licensee must destroy the Software and
all copies (in part and in whole, including modified copies, if any) in its
possession or control. ROYCESOFT reserves the right to terminate this Agreement
if the use of Software by Licensee causes a loss of revenue for ROYCESOFT that
exceeds ten (10) times the amount Licensee paid for the License. Termination of
this Agreement shall not affect the Software bundled and distributed with an
application under the Developer License by Licensee prior to termination,
provided Licensee has purchased a Developer License for the Software, the
bundled application does not compete with ROYCESOFT in any way, and funds for
the License were received and not returned or refunded in any way. All
restrictions prohibiting Licensee's use of the Software and intellectual
property provisions relating to Software to the benefit of ROYCESOFT shall
survive termination of this Agreement.
9. Warranty and Limitation of Liability
Although efforts have been made to assure that the Software is date compliant,
correct, reliable, technically accurate and will perform in accordance with the
documentation, the Software is licensed to Licensee as is and without warranties
as to performance of merchantability, fitness for a particular purpose or use,
or any other warranties whether expressed or implied. Licensee, its
Organization, and all users of the Software, assume all risks when using it. To
the maximum extent permitted by applicable law, in no event shall ROYCESOFT be
liable for any consequential, incidental, indirect, punitive or special damages
arising out of the use of or inability to use the Software or the provision of
or failure to provide support services or hosted services, even if ROYCESOFT has
been advised of the possibility of such damages. In any case, ROYCESOFT's entire
liability under any provision of this Agreement shall be limited to ten (10)
times the amount actually paid by Licensee for the License or $5.00 USD if no
license was purchased.
10. Technical Support and Product Upgrades
Unless otherwise indicated in the documentation of the Software, ROYCESOFT
offers a free Priority Support and Product Upgrade Subscription for a period of
thirty (30) days from the date of purchase on all licensed Software. When
Licensee’s Priority Support is active, Licensee may contact ROYCESOFT by phone,
email and through the Online Priority Support Request Form. Priority Support and
Product Upgrades may be provided beyond thirty (30) days if the Priority Support
and Upgrade Subscription is purchased. Support may be provided to the
appropriate individual that (a) ordered the License; (b) is integrating the
Software; (c) a Developer; or (d) the end user if each end user has a separate
License for the Software. If one Developer License is purchased, technical
support is provided for only one Developer. If the 5 Developer License is
purchased, technical support is provided for up to 5 Developers. If the
Unlimited Developer License is purchased, technical support is provided for an
unlimited number of Developers. The Developers responsibilities may be
transferred to another Developer within the Organization as necessary provided
no more than 2 transfers occur within any ninety (90) day period. If Licensee’s
Priority Support and Product Upgrade Subscription expires, Licensee may obtain
free technical support by referring to support documents at the website or by
renewing the Priority Support and Product Upgrade Subscription.
Whenever any Software update, upgrade, or revision is provided to Licensee or
Licensee purchases an additional License, all related Software from ROYCESOFT
(including any Software that was acquired previously) shall be covered by the
latest version of the Agreement that exists at the time the most recent update
was provided to Licensee.
11. Export Restrictions
The Software is of U.S. origin and distribution of the Software is subject to
export control laws of the United States of America. Licensee agrees that it
will not export or distribute the Software, directly or indirectly, to any
restricted export country, without first obtaining permission to do so as
required from the appropriate U.S. governmental agency. Licensee bears all
responsibility for export law compliance.
12. Controlling Law and Severability
This Agreement shall be governed by and construed in accordance with the laws of
the United States and the state of Florida, as applied to agreements entered
into and to be performed entirely within Florida between Florida residents. The
courts of the state of Florida, county of Hillsborough (city of Tampa), shall
have exclusive jurisdiction and venue over any dispute, proceeding, or action
arising out of or in connection with this Agreement or Licensee’s use of the
Software. If, for any reason, a court of competent jurisdiction finds any
provision of this Agreement, or portion thereof, to be unenforceable, and that
provision of the Agreement shall be enforced to the maximum extent permissible
so as to effect the intent of ROYCESOFT and Licensee, and the remainder of this
Agreement shall continue in full force and effect.
13. Assignment and Effect
This Agreement shall inure to the benefit of and be binding upon both ROYCESOFT
and Licensee, as well as their employees, employers, agents, parents,
subsidiaries, representatives, licensees, and assigns.
14. All Modifications Must be in Writing
There will be no modifications, alterations, or amendments to this Agreement,
unless both ROYCESOFT and Licensee agree in writing, with the exception of the
Roycesoft Source Code Agreement, which is an extension of this Agreement when
executed by Licensee and approved by ROYCESOFT.
15. Non-Waiver
The failure by either party at any time to enforce any of the provisions of this
Agreement or any right or remedy available hereunder or at law or in equity, or
to exercise any option herein provided, shall not constitute a waiver of such
provision, right, remedy or option or in any way affect the validity of this
Agreement. The waiver of any default by either party shall not be deemed a
continuing waiver, but shall apply solely to the instance to which such waiver
is directed.
16. Return Policy
All returns must be received within thirty (30) days of purchase. Details of our
return process are provided at http://www.ROYCESOFT.com/returns/process.html.
Copyright (c) 2007-2015 Roycesoft Corporation. ROYCESOFT is a registered
trademark of Roycesoft Corporation. All other trademarks mentioned are the
property of their respective owners. Rev 101018.