TransSys PNI License Agreement 

TransSys PNI Software and documentation is
Copyright Ó1993 by TransSys, Inc., All rights reserved.

NOTICE: READ THIS DOCUMENT BEFORE INSTALLING THE PROGRAM DISKETTES.  BY INSTALLING THE PROGRAM YOU AGREE TO THE TERMS OF THIS AGREEMENT.  If you do not agree to the terms of this Agreement, you may return the package for a full refund of any license fee you have paid.  THIS IS A LEGAL CONTRACT BETWEEN YOU ("USER") AND TransSys, Inc. ("TRANSSYS").

Grant of License.  The title to the enclosed software is held by TRANSSYS and is protected by copyright.  It is licensed, not sold, to USER.  TransSys grants USER a non-exclusive, non-transferable, limited license to use the software subject to the conditions noted herin.

License Rights.  User may use the software only on one computer at a time.  User may copy the software in machine readable form solely for backup purposes provided that the copy includes the copyright/proprietary rights noticed embedded in and affixed to the software.  All other copying is prohibited.

License Restrictions.  User may not distribute, lease, loan, or transfer, in any way, the software or copies of the software.  User may not decompile, disassemble, reverse engineer, or reduce the software to a human perceivable form.  User may not attempt to discern the source code of the software.  User may not adapt, modify, or create derivative works based on the software.  User shall notify any person who may have access to the software of the restrictions of this Agreement.

U.S. Export Administration Act.  User agrees that it shall not permit the software to be transferred or reexported into any country prohibited by the U.S. Export Administration Act nor the use of software for any purposes prohibited by the Act.

Termination.  The Agreement will terminate immediately without notice if USER fails to comply with any provision contained herein.  Upon termination, User shall destroy or return the software, and any copies, immediately.

TRANSSYS retains all rights not expressly granted.  Nothing in this Agreement constitutes a waiver of TransSys' rights under the U.S. and international copyright laws or any other international, federal or state law.  This agreement will be enforced under the laws of the United States ad the state of Maryland.

General Terms.  This Agreement shall be governed by and construed according to the laws of the of the State of Maryland.  This Agreement is found to be invalid, unenforceable, or void, the other provisions shall not be affected thereby.  Failure to enforce any provision of this Agreement shall not constitute a waiver of the right to enforce the provision.

U.S. Government Restricted Rights.  If User is a U.S. Government end-user, this license conveys only RESTRICTED RIGHTS to the software and accompanying materials.  Use, disclosure, and duplication are subject to Federal Acquisition Regulations, 52.227-7013.

   Limited Warranty/Disclaimer of Warranty 

In the event the licensee is not satisfied with this TransSys Inc. Product, it may be returned for a full refund of any license fee that was paid.  To be eligible for the refund, the licensee must, within thirty (30) days of receipt, return all software and materials either to the dealer or to TransSys, Inc., 14813 Ashford Place, Laurel, MD 20707.  

If distribution media is defective, it may be returned to TransSys, Inc. for replacement at no charge.  To be eligible for the replacement, the licensee must, within ninety (90) days of receipt, return the defective media to TransSys, Inc., 14813 Ashford Place, Laurel, MD 20707.  ALL IMPLIED WARRANTIES ON THE DISTRIBUTION MEDIA, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE NINETY (90) DAY PERIOD.

EXCEPT AS NOTED ABOVE, THE PRODUCT, INCLUDING SOFTWARE AND WRITTEN MATERIALS, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE.  RATHER, THE USER BEARS ALL RISK RELATING TO THE PRODUCT'S QUALITY AND PERFORMANCE.  The licensee's exclusive remedy for defects or damages is limited to replacement of the software or refund of the license fee.

IN ADDITION TO THE FOREGOING, USER RECOGNIZES THAT ALL COMPLEX SOFTWARE SYSTEMS AND THEIR DOCUMENTATION CONTAIN ERRORS AND OMISSIONS.   TRANSSYS DOES NOT RECOMMEND OR WARRANT THE USE OF THE SOFTWARE FOR APPLICATIONS IN WHICH ERRORS OR OMISSIONS COULD THREATEN LIFE, INJURY OR SIGNIFICANT LOSS.

IN NO EVENT WILL TRANSSYS, INC BE LIABLE FOR LOST PROFITS OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THIS AGREEMENT OF THE USE OF THE SOFTWARE LICENSED HEREUNDER, EVEN IF TRANSSYS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

NOTE: SOME STATES DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO THE LIMITATIONS NOTED ABOVE MAY NOT APPLY TO YOU.

THE WARRANTY, REMEDIES, AND DISCLAIMER NOTED ABOVE ARE EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTY, REMEDY, OR DISCLAIMER, WHETHER EXPRESS OR IMPLIED.  No alteration to the warranty, remedy, or disclaimer, of any kind, is permitted.  SOME STATES DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO THE LIMITATIONS NOTED ABOVE MAY NOT APPLY TO THE LICENSEE.  Specific legal rights are conferred by this warranty, and other legal rights may be accorded under state law.