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The material presented in this publication is copyright-protected © 2000-2007 b

The material presented in this publication is copyright-protected © 2000-2007 by HumanConcepts and may not be reproduced in any form, by any method for any purpose without the prior written consent of HumanConcepts. Information in this document is subject to change without notice. It is against the law to copy the software, except in accordance with the terms of the licensing agreement. OrgPlus® is a registered trademark of HumanConcepts. All other trademarks acknowledged. OrgPlus 7 User Guide Release 7.1 OrgPlus User Guide ii OrgPlus User Guide Program License Agreement iii Program License Agreement PLEASE READ THE FOLLOWING DESKTOP SOFTWARE LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. THIS AGREEMENT FORMS A LEGALLY BINDING AGREEMENT BETWEEN YOU, THE INDIVIDUAL OR ENTITY THAT DOWNLOADED OR INSTALLED THE SOFTWARE ("CUSTOMER") AND HUMANCONCEPTS LLC ("HUMANCONCEPTS"). BY CLICKING THE "I ACCEPT THE TERMS OF THIS LICENSE" BUTTON DURING SOFTWARE INSTALLATION OR BY USING THE SOFTWARE PROVIDED WITH THIS AGREEMENT, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT INSTALL OR USE THE SOFTWARE, AND YOU SHOULD PROMPTLY DESTROY ALL COPIES OF THE SOFTWARE THAT YOU DOWNLOADED OR COPIED. 1 Grant of License. Subject to the terms and conditions of this Agreement, HumanConcepts grants to Customer a non-exclusive license to install the object code version of the software provided with this Agreement (the "Software"), on a single computer, and to use the Software on that computer, to create organizational charts relating to your organization. Customer agrees that it shall not use the Software in any other manner. Customer shall not install the Software on a network server; allow any other computer, terminal or device to access or use the Software; or install or use the Software concurrently on more than one computer except as expressly authorized by the level of license you purchased. Customer shall not copy the Software except to make one copy for backup purposes. Customer shall not sublicense its rights under this Agreement, rent or lease the Software, or give anyone else access to the Software. 2 Maximum Number of Employees Charted Depends Upon License Key. Customer acknowledges that HumanConcepts distributes several versions of the Software and that the version of the Software to which Customer has acquired a license key is intended to allow Customer to access certain features. The OrgPlus Express Software limits the number of boxes that can be added to a single chart. The OrgPlus Professional Software is limited to charting the maximum number of employees indicated in HumanConcepts’ price list at the time you purchased the applicable license key. Customer agrees not to use the OrgPlus Professional Software to chart more than the total maximum number of employees applicable to the particular license key you purchased. Customer agrees that if it uses the OrgPlus Professional Software to chart more than such total maximum number of employees, (a) Customer will pay to HumanConcepts it’s then-current license fee for the version of the Software that would permit Customer to chart that number of employees (less the fee already paid pursuant to this Agreement), and (b) if Customer does not pay such additional fee to HumanConcepts within fifteen (15) days of demand, HumanConcepts may terminate your license to use the Software without refunding any license fees. 3 Copyright. Customer acknowledges that HumanConcepts or its licensors own the copyright and all other intellectual property rights relating to the Software, and that no title to the Software or such intellectual property rights is transferred to Customer. Customer will not acquire any rights to the Software except the limited license to use the Software as expressly set forth above, and HumanConcepts and its licensors retain all other rights. Customer agrees not to alter or remove the copyright notice, or any other notices of proprietary rights, that appear on and in the Software. In the event HumanConcepts provides services to Customer, including without limitation support or installation services, all right, title and interest in the work product of the services shall vest exclusively in HumanConcepts. OrgPlus User Guide iv Program License Agreement 4 Restrictions; Reverse Engineering; Modification. Customer agrees not to reverse engineer, decompile, or disassemble the Software in whole or in part, or otherwise reconstruct or discover any source code to the Software, or attempt to do so, except and only to the extent that such activity cannot be restricted under applicable law. Customer agrees not to translate or modify the Software in any way or create derivative works of the Software, or attempt to do so. Customer agrees not to use the Software on a service bureau, application service provider, or time sharing basis. Customer shall not use any license key with the Software other than the key provided by HumanConcepts to Customer. 5 Transfer of License. Customer may not assign or transfer its rights or obligations under this Agreement, except that Customer may assign the Agreement to a successor to its business that results from a sale of substantially all of Customer’s assets, merger, or similar transaction, provided that the assignee agrees in writing to be bound by this Agreement and provided that Customer transfers all copies of the Software and related documentation to the third party or destroys any copies not transferred. HumanConcepts may assign or novate this Agreement freely without notice to Customer. 6 Reporting and Privacy Policy. The Software automatically reports information such as Customer’s Software license key and Software version number, without notice. This information may be associated with personally identifiable information acquired by HumanConcepts. By using the Software you consent to the collection of such information. The information and this Agreement are subject to the terms and conditions of the HumanConcepts’ privacy policy located at http://www.humanconcepts.com/privacy- policy/ ("Privacy Policy"). The terms and conditions of the Privacy Policy are incorporated herein by reference, and Customer hereby agrees to such terms. HumanConcepts reserves the right to modify the terms of the Privacy Policy from time to time, and Customer’s continued use of the Service shall indicate its agreement to such changes. 7 Term of License. The license granted by this Agreement shall continue until terminated, as provided in this Agreement. Customer may terminate the license at any time. HumanConcepts may terminate the license (a) if Customer fails to comply with this Agreement, (b) if Customer does not pay the full license fee when that fee is due, or (c) Customer does not pay any additional license fees that may become due pursuant to Section 2 of this Agreement. Customer agrees, upon any termination of the license, to destroy the Software and all copies thereof in any form. If the Agreement is terminated, the sections related to copyright, liability, disclaimer of warranty, and fees shall remain in effect, in addition to other sections that by their terms are intended to survive. Termination shall not result in a return of fees. 8 Limited Warranty on CD. If the Software was delivered to you on a CD, HumanConcepts warrants that the CD will be free of defects in material and workmanship under normal use for 30 days after purchase. During the 30-day period, Customer may return a defective CD to HumanConcepts with proof of purchase, and it will be replaced without charge, unless the disk is damaged by accident or misuse. REPLACEMENT OF A DISK IS CUSTOMER’S SOLE REMEDY PURSUANT TO THIS WARRANTY. 9 DISCLAIMER OF OTHER WARRANTIES. TO THE FULLEST EXTENT ALLOWED BY LAW, EXCEPT AS EXPRESSLY STATED HEREIN, THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HUMANCONCEPTS, AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIM ALL ADDITIONAL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HUMANCONCEPTS DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT ERROR OR INTERRUPTION. OrgPlus User Guide Program License Agreement v 10 Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL HUMANCONCEPTS (OR ITS SUPPLIERS OR LICENSORS) BE LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR COST OF COVER, WHETHER ALLEGED AS A BREACH OF CONTRACT, TORTIOUS CONDUCT OR OTHERWISE, INCLUDING WITHOUT LIMITATION NEGLIGENCE, ARISING OUT OF OR RELATED TO THIS AGREEMENT EVEN IF HUMANCONCEPTS (OR ITS SUPPLIERS OR LICENSORS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HUMANCONCEPTS’ (OR ITS LICENSORS OR SUPPLIERS) AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE LICENSE FEES PAID BY CUSTOMER TO HUMANCONCEPTS DURING THE ONE-YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, AND IF THE SOFTWARE WAS PROVIDED TO CUSTOMER FREE OF CHARGE, IN NO EVENT SHALL SUCH AGGREGATE LIABILITY EXCEED FIVE DOLLARS (US$5.00). IN THE EVENT OF LIABILITY ARISING OUT OF ANY SERVICES, INCLUDING WITHOUT LIMITATION SUPPORT, IN NO EVENT WILL HUMANCONCEPTS’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH uploads/Geographie/ op-7-user-guide.pdf