Andrew Baarson MPA Central Sales Manager Public Software Division Dell Software Inc. 850 Asbury Dr Buffalo Grove, IL 60089 tel +1-800-953-2191 fax +1-847-465-3277 andrew_baarson@dell.com www.dell.com https://shop.asap.com/ Commonwealth of Pennsylvania Software License Requirements Contract # 4400007199 Tab Software
TABQUIK STANDALONE SOFTWARE LICENSE AGREEMENT The TABQUIK Software License Agreement TECHNOLOGY is a legal agreement between SYSTEMS your organization and TAB Products. The Software that accompanies this Agreement is the property of TAB and/or its licensors. The Software contains proprietary and confidential information that is protected by copyright and trade secret laws. TAB retains all rights, title and interest in and to the Software. You are granted a limited, nonexclusive right to utilize the Software solely in accordance with the following: You may: 1. Use one copy of the Software on a single workstation (not server); 2. Make one copy of the Software media for archival purposes or copy the Software to a fixed media and retain the original media for archival purposes; 3. After written notice to TAB, transfer the Software on a permanent basis to another person or entity, provided that you retain no copies of the Software and the transferee agrees to the terms of this Agreement in writing. You may not: 1. Sublicense, rent, or lease for use, on a service bureau basis, any portion of the Software; 2. Copy any documentation which accompanies the software; 3. Reverse engineer, decompile, disassemble, modify, nor translate the software; neither will you make any attempt to discover the source code of the Software nor create derivative works from the Software; 4. Use a previous release or copy of the Software after you have received a replacement or an upgraded release. You agree to promptly (a) install any replacement or upgrade provided to you and (b) destroy or return to TAB all copies of any prior release of the Software and documentation upon your installation of the replacement or upgrade. Limited Warranty: TAB warrants that the media on which the Software is distributed will be free from defects for a period of 90 days from the date of delivery of the Software to you. The warranty is limited to you and is not transferable. The sole remedy in the event of a breach of warranty is that TAB will replace any defective media returned to TAB within the warranty period. TAB does not warranty the Software to meet your requirements, nor that will the operation of the Software be uninterrupted or error-free.
THE WARRANTY ABOVE IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TECHNOLOGY FITNESS FOR A PARTICULAR SYSTEMS PURPOSE, AND NON-INFRINGEMENT. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TAB, ITS LICENSORS NOR SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR THE LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR OTHER PECUNIARY LOSS) ARISING FROM THE USE OR INABILITY TO USE SOFTWARE, EVEN IF ADVISED OF A POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL TAB S LIABILITY EXCEED THE PURCHASE PRICE OF THE SOFTWARE. The disclaimers and limitations set forth above apply regardless of your acceptance of the Software. U.S. Government Restricted Rights: RESTRICTED RIGHTS LEGEND. 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 DFAR 252.227.7013 or subparagraph (c) (1) and (2) or the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, as applicable. Contractor/Manufacturer is TAB Products, 605 Fourth Street, Mayville, WI 53050. General: The laws of the State of Wisconsin will govern this Agreement, excluding the Agreement s provisions regarding conflict of laws. You agree to the exclusive jurisdiction of the federal court and the state court of Dodge County, Wisconsin. This Agreement may be modified only by a written document that has been signed by your authorized representative and an officer of TAB. Should you have any questions concerning this Agreement, or if you desire to contact TAB Products for any reason, please write to: TAB Products Filing Systems Customer Service 605 Fourth Street Mayville, WI 53050 TABQUIK is a registered trademark of TAB Products. All rights reserved.