END USER LICENSE AGREEMENT
This copy of Laborsmith.com (“the Software Product”) and accompanying documentation is
licensed and not sold. This Software Product is protected by copyright laws and treaties, as well
as laws and treaties related to other forms of intellectual property. Laborsmith.com or its
subsidiaries, affiliates, and suppliers (collectively “Laborsmith”) own intellectual property rights in
the Software Product. The Licensee’s (“you” or “your”) license to download, use, copy, or change
the Software Product is subject to these rights and to all the terms and conditions of this End User
License Agreement (“Agreement”).
Acceptance
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT
BY SELECTING THE “ACCEPT” OPTION AND DOWNLOADING THE SOFTWARE
PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT.
YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU
WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT
AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT
“DECLINE” AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE
PRODUCT.
License Grant
This Agreement entitles you to install and use one copy of the Software Product. In addition, you
may make one archival copy of the Software Product. The archival copy must be on a storage
medium other than a hard drive, and may only be used for the reinstallation of the Software
Product. This Agreement does not permit the installation or use of multiple copies of the Software
Product, or the installation of the Software Product on more than one computer at any given time,
on a system that allows shared used of applications, on a multi-user network, or on any
configuration or system of computers that allows multiple users. Multiple copy use or installation is
only allowed if you obtain an appropriate licensing agreement for each user and each copy of the
Software Product.
Restrictions on Transfer
Without first obtaining the express written consent of Laborsmith, you may not assign your rights
and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or
otherwise transfer your rights to the Software Product.Restrictions on Use
You may not use, copy, or install the Software Product on any system with more than one
computer, or permit the use, copying, or installation of the Software Product by more than one
user or on more than one computer. If you hold multiple, validly licensed copies, you may not use,
copy, or install the Software Product on any system with more than the number of computers
permitted by license, or permit the use, copying, or installation by more users, or on more
computers than the number permitted by license.
You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the
source code for the Software Product.
You may not use the database portion of the Software Product in connection with any software
other than the Software Product.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product
or its accompanying documentation. Derivative works include but are not limited to translations.
You may not alter any files or libraries in any portion of the Software Product. You may not
reproduce the database portion or create any tables or reports relating to the database portion.
Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use
inherently demands the creation of a temporary copy stored in computer memory and not
permanently affixed on storage medium. You may make one archival copy which must be stored
on a medium other than a computer hard drive.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY LABORSMITH,
LABORSMITH MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT
OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS
SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS
PROVIDED WITH THE SOFTWARE PRODUCT.
Laborsmith makes no warranty that the Software Product will meet your requirements or operate
under your specific conditions of use. Laborsmith makes no warranty that operation of the
Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE
WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR
REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE
RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO
FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS.
LABORSMITH WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR
LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION
STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL LABORSMITH, ITS DIRECTORS, OFFICERS,
EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR
INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY
DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS
OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE
FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE
PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF
WARRANTY, OR THE NEGLIGENCE OF LABORSMITH OR ANY OTHER PARTY,
EVEN IF LABORSMITH IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH
DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS
LABORSMITH’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS
DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Any claim must be made within the applicable warranty period. All warranties cover only defects
arising under normal use and do not include malfunctions or failure resulting from misuse, abuse,
neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or
humidity, improper installation, or damage determined by Laborsmith to have been caused by you.
All limited warranties on the Software Product are granted only to you and are non-transferable.
You agree to indemnify and hold Laborsmith harmless from all claims, judgments, liabilities,
expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of California, without regard to California’s conflict or
choice of law provisions.
Severability
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of
this Agreement shall remain in full force and effect. To the extent any express or implied restrictions
are not permitted by applicable laws, these express or implied restrictions shall remain in force and
effect to the maximum extent permitted by such applicable laws.
