SOFTWARE LICENSE AGREEMENT
Lewis Tactical Software License Agreement (hereinafter, this "LICENSE") is a legal agreement between you (the "LICENSEE") and Lewis Tactical, LLC ("Lewis Tactical"), for Lewis Tactical's FFL Tools software product consisting of all files, executable files, demos, intermediate files, media, printed materials, and "online" or electronic documentation (the "SOFTWARE") contained in this installation file.
BEFORE YOU CAN CONTINUE TO INSTALL THE SOFTWARE, YOU MUST AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. BY SELECTING THE "I ACCEPT" CHECK BOX, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS ON LIABILITY AND TERMINATION PROVISIONS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO ACCEPT ON BEHALF OF AND BIND THAT PERSON OR LEGAL ENTITY TO THESE TERMS.
If you do not agree to the terms of this LICENSE click the "CANCEL" button to cancel and terminate the installation process.
This is a license agreement and NOT an agreement for sale. Lewis Tactical continues to own all copyrights and intellectual property rights in or relating to the SOFTWARE and all parts of the SOFTWARE. Your rights to the SOFTWARE are specified in this LICENSE, and Lewis Tactical retains all rights not expressly granted to you in this LICENSE.
Lewis Tactical grants LICENSEE the right to use the SOFTWARE upon the terms and conditions of this LICENSE for a period of 30 days for the purpose of evaluating whether or not the SOFTWARE meets the LICENSEE's requirements.
Upon expiry of the 30 day evaluation period:
a. The LICENSEE will, where the SOFTWARE meets LICENSEE's requirements, and where LICENSEE wishes to enter into a non-evaluation License, become fully bound by this LICENSE and pay to Lewis Tactical the License Fee as prescribed by Lewis Tactical.
b. The LICENSEE shall, where the SOFTWARE does not meet the LICENSEE's requirements, or where LICENSEE otherwise does not wish to enter into a non-evaluation License, return or destroy the SOFTWARE and all copies, in whole or in part, in any form including partial copies or modifications of the SOFTWARE received from Lewis Tactical or made in connection with this LICENSE and all documentation relating thereto.
Provided that the LICENSEE has paid the appropriate license fees as prescribed by Lewis Tactical, Lewis Tactical grants to the LICENSEE, for the term of this LICENSE a limited, non-exclusive and non-transferable license to:
a. use and copy the SOFTWARE for use on a single computer owned, leased and/or controlled by the LICENSEE or its employer or organization for whom the LICENSEE has installed the SOFTWARE;
b. make one copy of the SOFTWARE in machine readable form for back-up purposes provided that such copy is not installed on any computer at any time when the original copy of the SOFTWARE supplied to the LICENSEE is installed upon any computer. This LICENSE will also apply to such copy as it applies to the original copy of the SOFTWARE installed by the LICENSEE.
All rights not expressly granted to the LICENSEE under this LICENSE are reserved to Lewis Tactical, and the LICENSEE agrees not to take or permit any action that is not expressly authorized under this LICENSE. For clarification, the LICENSEE has no right to use, incorporate into other products, copy, publish, display, modify, translate the SOFTWARE or any modification, or copy of the SOFTWARE or any part thereof, nor to decompile, reverse engineer, or disassemble the SOFTWARE, either in whole or in part, other than as expressly permitted under the LICENSE. LICENSEE may not rent, lease, sub-license, sell or assign the SOFTWARE, on a temporary or permanent basis, without the express prior written consent of Lewis Tactical.
LICENSEE may not use the SOFTWARE to manufacture or distribute a product that is substantially similar to or competitive with Lewis Tactical's Software.
All title and copyrights in and to the SOFTWARE (including but not limited to source code, images, photographs, animation, video and text incorporated into the SOFTWARE) are owned by Lewis Tactical. The SOFTWARE is protected by copyright laws and international treaty provisions. All rights are reserved worldwide. You must treat the SOFTWARE like any other copyrighted material.
This LICENSE and your right to use the SOFTWARE will terminate immediately without notice from Lewis Tactical if you fail to comply with the terms and conditions of this LICENSE. Upon termination, you agree to destroy the SOFTWARE, including all accompanying documents and copies. This is in addition to and not in lieu of any criminal, civil or other remedies available to Lewis Tactical.
Lewis Tactical expressly disclaims any warranty for the SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Lewis Tactical DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. No oral or written information or advice given by Lewis Tactical or its employees shall create a warranty or in any way increase the scope of this warranty.
VI. LIMITATION OF LIABILITY
Lewis Tactical MAKES NO EXPRESS WARRANTIES WITH RESPECT TO THE SOFTWARE AND Lewis Tactical HEREBY EXCLUDES TO THE FULLEST EXTENT PERMISSIBLE IN LAW, ALL CONDITIONS, WARRANTIES (INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE)
AND STIPULATIONS, EXPRESS (OTHER THAN THOSE SET OUT IN THIS LICENSE) OR IMPLIED, STATUTORY OR OTHERWISE. EXCEPT AS SET OUT IN THIS LICENSE THE LICENSEE ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
Lewis Tactical SHALL NOT BE LIABLE TO THE LICENSEE FOR ANY LOSS OF PROFITS, BUSINESS, CONTRACTS, ANTICIPATED SAVINGS, GOODWILL, OR REVENUE; OR ANY LOSS OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER, ARISING UNDER OR IN RELATION TO THIS AGREEMENT (WHETHER IN CONTRACT, TORT , BREACH OF STATUTORY DUTY,
RESTITUTION OR OTHERWISE) EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
Lewis Tactical SHALL NOT BE LIABLE TO THE LICENSEE FOR THE LICENSEE'S FAILURE TO MEET ANY LEGAL REQUIREMENTS AS DEFINED BY THE BATFE TO OPERATE AS A FEDERAL FIREARMS LICENSEE, (FFL). Lewis Tactical's AGGREGATE LIABILITY UNDER THIS LICENSE WHATSOEVER (WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY, RESTITUTION OR OTHERWISE) FOR ANY INJURY, DEATH, DAMAGE OR DIRECT LOSS HOWSOEVER CAUSED WILL BE LIMITED TO THE PRICE PAID FOR THE SOFTWARE.
LICENSEE acknowledges that provisions of these clauses V and VI are reasonable and reflected in the price which would otherwise be higher without those provisions, and the LICENSEE will accept such risk.
VII. NO WAIVER
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy.
VIII. ENTIRE AGREEMENT
This Agreement constitutes the full and complete understanding between Lewis Tactical and LICENSEE with respect to this Agreement, and the provisions hereof replace and supersede any and every other agreement between them.
IX. NO ASSIGNMENT
The LICENSEE may not assign the benefit (including any present, future or contingent interest or right to any sums or damages payable by either party under or in connection with this LICENSE).
X. SECTION HEADINGS
The descriptive headings contained in this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement, and all provisions of this Agreement will be enforced and construed as if no heading had been used in this Agreement.
XI. EXCLUSION OF UN CONVENTION.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
The LICENSEE acknowledges having read this LICENSE, understanding it, and agreeing to be bound by its terms and conditions.
XIII. ACCEPTANCE OF LICENSE
The LICENSEE will be deemed to have accepted the terms of this LICENSE by installing or otherwise using the SOFTWARE onto any computer.
Copyright 2018 Lewis Tactical. All Rights Reserved.
29210 Dobbin Hufsmith Rd.
Magnolia, TX 77354
Toll Free - (855) 788-3737
Fax - (281) 259-9607