Gradience TimeClock 10

EULA - End User License Agreement

This Software License Agreement ("SLA") is a legal agreement between you (either an individual or a single entity) and EVERGLADES DIRECT, INC. ("EDI") for the software product found in this package, which may include associated media and printed materials ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of the SLA. If you do not agree to the terms of this SLA, do not install or use the SOFTWARE PRODUCT; you may, however, return it to EDI for a full refund.

Software Product License
The SOFTWARE PRODUCT is licensed, not sold; EDI retains full ownership rights to the SOFTWARE PRODUCT. EDI, upon your payment of the applicable fees, grants to you a nonexclusive license subject to the following conditions:

The SOFTWARE PRODUCT may not be exported, distributed, rented, leased, sublicensed, or used on a service bureau, bulletin board, or at any time-sharing systems. It may not be copied, altered, modified, translated, or used to create a derivative work. You may not reverse engineer, decompile or disassemble the SOFTWARE PRODUCT. You may use the SOFTWARE PRODUCT for your individual use or for use within your company, but you may not use the SOFTWARE PRODUCT to produce records to be sold or distributed outside of your company.

Purchasers who have paid for a license may currently run and use the SOFTWARE PRODUCT for the number of licenses purchased. For additional users, addtional license purchases are required. The database allows only the number of users licensed access to the common database at one location (business site). A wide-area network (WAN) license is required for multiple business sites (locations).

Your right to use or install the SOFTWARE PRODUCT automatically terminates upon failure to complywith any provision of this SLA, violation of any terms of this SLA, or upon your destruction of all copies of the SOFTWARE PRODUCT. In any of the foregoing circumstances, you must remove the SOFTWARE PRODUCT from your computer''s hard drive, application server or other mass data storage devices and cease use of the product. The License is deemed accepted and delivered in the State of Florida and shall be construed, interpreted and governed by the laws of the State of Florida, without regard of effect given to its or any other jurisdiction''s choice of law jurisprudence.

EDI warrants the SOFTWARE PRODUCT will operate in accordance with its published specifications for a period of ninety (90) days following the date of purchase (30 days for opened software). In the event the SOFTWARE PRODUCT fails to operate in accordance with the published specifications during that period, you may return it to EDI. EDI will, at its option, repair or replace the defective program or refund the purchase price. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY.

EDI assumes no responsibility for the purchaser''s use of this software or any decision the purchaser makes in violation of federal, state or local law. By selling this product, EDI is not providing legal advice. The purchaser is urged to consult with legal counsel to address specific issues specific to the purchaser''s business, including application of state and local law.

EDI SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE USE AND INSTALLATION OF THE SOFTWARE PRODUCT, DEFECTS IN PRODUCT MEDIA AND THE PROGRAM, AS WELL AS THE PRODUCT''S INTERACTION AND COMPATIBILILTY WITH OTHER PROGRAMS, SYSTEMS AND HARDWARE. IN NO EVENT SHALL EDI BE LIABLE FOR ANY LOSS OF PROFIT OR ANY OTHER COMMERCIAL DAMAGE, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES EVEN IF EDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO PURCHASERS/LICENSEES UNDER THIS AGREEMENT IS LIMITED TO REPLACEMENT, REFUND OF SALES PRICE OR FULL CREDIT. FAILURE TO COMPLY WITH THE TERMS OF THIS SOFTWARE LICENSING AGREEMENT IS STRICTLY PROHIBITED AND MAY VIOLATE COPYRIGHT LAW.