Interface to Counterpoint 7
Passport Software, Inc. Passport Business Solutions
ATTENTION: ONLY LICENSEES CURRENTLY ENROLLED IN THE PASSPORT UPDATE PROGRAM (PUP) ARE
PERMITTED TO INSTALL AND USE, SUBJECT TO THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT
BELOW, THE ENCLOSED SOFTWARE.
License Agreement
1. License Grant
Passport Software, Inc. (Passport) hereby grants to
Licensee and Licensee accepts a non-exclusive license for
the enclosed Software with the rights, terms, and
conditions as detailed in this License Agreement:
a. You may install and use the Software on a single
computer system or single computer file server for your
own internal business purposes provided you (the
Licensee) do not exceed the number of concurrent users
licensed by Passport to access the Software. If Licensee
wishes to increase the number of licensed concurrent
users, Licensee must contact Licensee's Passport Partner
(your Passport Software supplier) or Passport directly.
b. You may make backup copies of the Software as
required for your own internal business purposes provided
that you reproduce all copyright notices and other
proprietary notices on each copy made. Backup copies
may be used at any time to re-install the enclosed
Software in the event of loss, destruction, or other
malfunction of the Software.
c. You may only transfer the Software and this license to
a successor to the whole of Licensee’s business, provided
the successor agrees to accept the terms and conditions of
this agreement. If you transfer the Software, you must
report to Passport the name of the new user of the
Software, and you may not retain any copies of the
Software yourself once you have transferred it. No other
transfers of the Software are permitted without the prior
written consent of Passport Software, Inc.
Licensee shall not export or re-export, directly or
indirectly (including via remote access) the Software,
Documentation or other information or materials provided
by Passport hereunder, to any country for which the
United States or any other relevant jurisdiction requires
any export license or other governmental approval at the
time of export without first obtaining such license or
approval from Passport. It shall be Licensee's
responsibility to comply with the latest United States
export regulations, and Licensee shall defend and
indemnify Passport from and against any damages, fines,
penalties, assessments, liabilities, costs and expenses
(including reasonable attorneys' fees and court costs)
arising out of any claim that Software, Documentation, or
other information or materials provided by Passport
hereunder were exported or otherwise accessed, shipped
or transported in violation of applicable laws and
regulations. Licensee shall comply with all laws,
legislation, rules, regulations, and governmental
requirements with respect to the Software, and the
performance by Licensee of its obligations hereunder, of
any jurisdiction in or from which Licensee directly or
indirectly causes the Software to be used or accessed. In
the event that this Agreement is required to be registered
with any governmental authority, Licensee shall cause
such registration to be made and shall bear any expense or
tax payable in respect thereof.
This non-exclusive license is effective for the useful life
of the Software. However, this license will immediately
terminate if you fail to comply with any term or condition
of this Agreement. Upon termination you must destroy all
copies of the Software.
A new version of the Software replaces the version of the
Software previously licensed. Use of a new Software
version terminates the license to use that part of the
Software replaced by the new Software version and
Licensee shall destroy or return to Passport all copies of
any prior Software version previously licensed.
EXCEPT AS STATED ABOVE, YOU MAY NOT
COPY, TRANSFER, OR DISTRIBUTE THE
SOFTWARE TO OTHERS, AND ANY
UNAUTHORIZED COPYING, TRANSFER, OR
DISTRIBUTION SHALL AUTOMATICALLY
TERMINATE YOUR LICENSE.
2. Passport Update Program
Passport makes available its subscription update service
(Passport Update Program - PUP) to licensees of the
Software. Only licensees having current and up-to-date
enrollment in PUP are permitted to install and use any
Software updates. Contact your Passport Partner (your
Passport Software supplier) or Passport directly to enroll
in this program.
3. Passport’s Proprietary Rights
The Software is copyrighted by Passport Software, Inc.
and some portions of the Software are copyrighted by
AcuCorp, Inc., a Micro Focus International PLC
company. All rights reserved.
Passport and its third party licensors retain all proprietary
and intellectual property rights in the Software and Docu-
mentation and in any trademarks affixed to the Software
or the Documentation. Licensee shall not take any action
inconsistent with such title and ownership. Licensee shall
not alter or remove any printed or on-screen copyright,
trade secret, proprietary or other legal notices contained