Software License Agreement

NOTICE TO CUSTOMERS: CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT (EU
LA). THIS IS A LEGAL AGREEMENT BETWEEN YOU AND CRIMESTAR CORPORATION. INSTALLATI
ON OF THIS SOFTWARE INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS LISTED
IN THIS SOFTWARE LICENSE AGREEMENT. THIS AGREEMENT SHALL SUPERCEDE ANY AND ALL
PREVIOUS AGREEMENTS.
License Grants For Registered Software Products
Computer Aided Dispatch (CAD): Software licenses per machine. For each CAD licen
se purchased, one copy of the CAD software may be installed on one computer used
by a single person or multiple people. EACH computer where CAD is installed mus
t have its own CAD license.
Mobile Digital Communicator (MDC): software licenses per machine. For each MDC l
icense purchased, one licensed copy of the MDC software may be installed on one
computer used by a single person or multiple people. EACH computer where MDC is
installed must have its own MDC license.
Message Switch/Gateway (MSG): software licenses per installation agency. Only on
e Message Switch/Gateway license is required per agency regardless of the number
of State-NCIC Interface Clients/Workstations connected.
Records Management System (RMS) : Software licenses per concurrent user. The RM
S software may be used for either a Non-Network Installation or a Network Instal
lation, but not both;
RMS Non-Network Installation: For each RMS user license purchased, one copy of t
he software may be installed on one non-networked computer used by a single pers
on or multiple people. For the purposes of this license a non-networked computer
is defined as any computer that maintains and accesses it's own copy of the Cri
mestar RMS database (such as a laptop), regardless of that computer's connectivi
ty to any internal or external network.
RMS Network Installation: One licensed copy of the RMS software may be installed
on one or more permanently networked computers used by a single person, or by m
ultiple people within the same agency, or company at the same physical location,
building or campus. All networked installations of the software are required to
access the same single instance of the crimestar database, herein referred to a
s a master database , located on only one (1) networked computer of the user s choice
within the same agency, or company at the same physical location, building or c
ampus. However, in all cases the number of persons using or otherwise accessing
the software simultaneously (i.e. concurrently) shall be restricted to the numb
er of user licenses purchased. Maintaining and/or using multiple instances of t
he crimestar program each with its own respective database on separate networked
or non-networked computers, in such a manner as to intentionally or unintention
ally allow concurrent user access beyond the number of user licenses purchased i
s strictly prohibited by this agreement.
RMS Laptop Exception: In addition to the License Grant for Non-Network and Netwo
rk RMS Installations defined above, a copy of the software may also be installed
on a single laptop, notebook or portable computer, herein referred to as "Lapto
p" (for use in the field and outside of the licensee s primary office or building
where the Non-Networked or Networked Installation exists) without purchasing add
itional licenses, providing that the total number of such laptop installations d
oes not exceed the total number of user licenses purchased by the licensee. The
"synchronize.exe" program executable file supplied as part of RMS may be used t
o transfer and exchange data between the laptop(s) and the licensee's master data
base . Operation of the database synchronize program executable file ("synchroniz
e.exe") is restricted to laptop use only and may not be run on desktop computers
. Beyond this limited use exception any laptop or other such computers (includi
ng desktop machines) that maintain a separate copy of the Crimestar database for
use when either attached or detached from a network are considered Non-Networke
d installations and requires a software license for each machine.
RMS Backup Provision: Not withstanding the limited laptop exception defined abov
e, both the non-networked installation and networked installation license grants
require the use of a single master database and prohibit the use of multiple data
bases, whether synchronized or not, for the purpose circumventing concurrent use
r restrictions and obtaining concurrent use beyond the number of licenses purcha
sed. However, nothing in this provision shall be interpreted to prohibit the li
censee from making and securing off-line backup copies of the Crimestar database
for the explicit purpose of providing reasonable data recovery in the event of
a software, hardware or operational failure.
The following provisions apply to all Crimestar software.
License Grant For Evaluation of Software: You are hereby licensed to use this s
oftware for evaluation purposes without charge for a period of 90 days. If you u
se this software after the 90-day evaluation period a registration fee is requir
ed. Unregistered use of the software after the 90-day evaluation period is in v
iolation of U.S. and international copyright laws.
Ownership: The software is owned by Crimestar Corporation and title remains in
Crimestar Corporation. The software is protected by United States copyright law
s and international treaty provisions. The user agrees that he/she does not hav
e any title or ownership of the software, other than ownership of the physical m
edia.
Other Restrictions: You may not transfer, sub-license, lease or rent, timeshare
or lend or otherwise distribute copies of: the software, your product registrati
on key or any of your rights under this agreement except by prior written consen
t from Crimestar Corporation. You may not modify, reverse engineer, decompile,
disassemble or reverse translate or in any other way derive any source code from
the product. You may not remove or obscure Crimestar Corporation's copyright a
nd trademark notices in either hardcopy or machine readable portions of the Prod
uct.
Crimestar software program files are created using the Microsoft Visual FoxPro d
evelopment language and are regarded by Microsoft Corporation as 'redistributabl
e programs' with certain pass-thru license restrictions required by Microsoft Co
rporation. In compliance with Crimestar Corporation's End User License Agreemen
t (EULA) with Microsoft Corporation, Crimestar hereby requires that the installa
tion and usage of all Crimestar software program executables and supporting prog
rams ( files with '.EXE','.APP','.DLL','.PRG','.FRX' file extensions ) may only
be run on computers that are using the Microsoft Windows operating system.
Electronic Notification: Crimestar Corporation reserves the right to electronic
ally and automatically collect information regarding the installation and use of
our software on any computer for the explicit purpose of detecting the illegal
and unlicensed installation and use of Crimestar software. In no circumstances
will any Crimestar application user data be collected without the explicit knowl
edge and permission of the licensed user.
Distribution: Provided you verify that you are distributing non-licensed copies
of this software with only the EVALUATION access key you are hereby licensed to
make as many copies of the software as you wish; give exact copies of the origin
al software to anyone; and distribute the software in its unmodified form via el
ectronic means. There is no charge for any of the above Evaluation software dist
ribution. You are specifically prohibited from charging, or requesting donations
, for any such copies, however made; and from distributing the software and/or d
ocumentation with other products (commercial or otherwise) without prior written
permission from Crimestar Corporation.
CUSTOMER REMEDIES: Crimestar Corporation s entire liability and your sole exclusiv
e remedy shall be, at Crimestar Corporation s option, either to (a) correct the er
ror, (b) help the end user work around or avoid the error, or (c) authorize a re
fund of the license fee. This limited warranty is void if failure of the softwa
re has resulted from accident, abuse, or misapplication. When a free pre-license
evaluation period is available, any differences between application functionali
ty or design and user expectations shall be considered misapplication.
DISCLAIMER OF OTHER WARRANTIES: This software and the accompanying files are pro
vided "AS IS" and without warranties as to performance of merchantability or any
other warranties whether expressed or implied. Because of the various hardware
and software environments into which the software may be put, NO WARRANTY OF FIT
NESS FOR A PARTICULAR PURPOSE IS OFFERED. Good data processing procedure dictat
es that any program, including any subsequent program updates be thoroughly test
ed with non-critical data before relying on it. The user must assume the entire
risk of using the program. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVE
LY TO PRODUCT REPLACEMENT OR REFUND OF THE LICENSE FEE.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL CRIMESTAR CORPORATION
BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INCID
ENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF CRIMESTAR CORPO
RATION SOFTWARE. THIS RELEASE OF LIABILITY SHALL EXIST EVEN IF CRIMESTAR CORPORA
TION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CRIM
ESTAR CORPORATION LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHE
R THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU TO CRIMESTAR CORPORATI
ON.
Governing Law: This agreement shall be governed by the laws of the State of Cal
ifornia and the United States of America.
Copyright: This software is copyrighted and all rights are reserved by Crimesta
r Corporation. The distribution and licensing of this software are intended for
the use of the original purchaser only.
Trademarks: Crimestar(R) is a registered trademark of Crimestar Corporation. Th
roughout this product and/or its accompanying documentation, references may be m
ade to other product names that are trademarks of other companies. The names are
used in an editorial fashion only, and to the benefit of the respective owners,
with no intention of infringement of the trademark(s).