This License For Customer Use of RCMS Software ("LICENSE") is the agreement which governs use of the software of RCMS Corporation , including computer software and associated printed materials ("SOFTWARE"). By using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, do not use the SOFTWARE.
Use of RCMS's products requires access to the Internet. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is not sold, and instead is only licensed for use, strictly in accordance with this document. This LICENSE sets forth the terms and conditions of the SOFTWARE LICENSE only.
2.1 Rights and Limitations of Grant. RCMS hereby grants Customer the following non-exclusive, non-transferable right to use the SOFTWARE, with the following limitations:
2.1.1 Rights. Customer may use one copy of the SOFTWARE on a one (1) computer at a time, may not otherwise copy the SOFTWARE. This LICENSE of SOFTWARE may not be shared or used concurrently on different computers.
No Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer, nor otherwise used separately from the other parts.
No Rental. Customer may not rent or lease the SOFTWARE to someone else.
Permission is granted for the free use of the Auctions Results information included in this software by any newspaper, magazine or periodical and also by any coin dealer currency dealer or stamp dealer in any advertisement, circular, price list or auction catalogue issued for free distribution and not offered for sale. This permission is granted only when proper acknowledgment is made by the user of it source of Track&Price and shall appear wherever Track&Price is referenced.
However, written permission shall be required when Track&Price information is used or referenced in any publication that is offered for sale. Licenses for commercial use are available from the owners of Track&Price.
This LICENSE will automatically terminate if Customer fails to comply with any of the terms and conditions hereof. In such event, Customer must destroy all copies of the SOFTWARE and all of its component parts.
Defensive Suspension. If Customer commences or participates in any legal proceeding against RCMS, then RCMS may, in its sole discretion, suspend or terminate all license grants and any other rights provided under this LICENSE during the pendency of such legal proceedings.
All title and copyrights in and to the SOFTWARE (including but not limited to all images, photographs, animations, video, audio, music, text, and other information incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by RCMS, or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Accordingly, Customer is required to treat the SOFTWARE like any other copyrighted material, except as otherwise allowed pursuant to this LICENSE and that it may make one copy of the SOFTWARE solely for backup or archive purposes.
This LICENSE shall be deemed to have been made in, and shall be construed pursuant to, the laws of the State of Florida. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
7.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND RCMS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RCMS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF RCMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.3 RCMS to the best of its ability attempts to ensure that the information included in the software is accurate. Due to the large amount of data it is expected that there will be errors, inconsistencies and/or omissions. Any action taken by the licensee based upon the data is the sole responsibility of the licensee and the licensee will not hold RCMS responsible for any or all such actions whatsoever.
If any provision of this LICENSE is inconsistent with, or cannot be fully enforced under, the law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. This LICENSE is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. This LICENSE may only be modified in writing signed by an authorized officer of RCMS. Customer agrees that it will not ship, transfer or export the SOFTWARE into any country, or use the SOFTWARE in any manner, prohibited by the United States Bureau of Export Administration or any export laws, restrictions or regulations