IBSURGEON HQBIRD STANDARD
IBSURGEON HQBIRD PROFESSIONAL
IBSURGEON HQBIRD ENTERPRISE
IMPORTANT - READ CAREFULLY
NOTICE: THIS IBSURGEON SOFTWARE PRODUCT (TOGETHER WITH ITS ACCOMPANYING
DOCUMENTATION, THE "PRODUCT") IS THE PROPERTY OF IBSURGEON COMPANY
("IBSURGEON"). THE PRODUCT IS MADE AVAILABLE TO YOU, THE ORIGINAL PURCHASER,
SUBJECT TO THE FOLLOWING LICENSE AGREEMENT ("LICENSE AGREEMENT" OR
"AGREEMENT"). PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING OR
USING THE PRODUCT. A COPY OF THIS LICENSE IS AVAILABLE FOR YOUR FUTURE
REFERENCE IN THE "LICENSE.TXT" FILE PROVIDED WITH THE PRODUCT.
IBSurgeon is only willing to grant you this License if you obtained the
Product from IBSurgeon or a IBSurgeon authorized reseller. If you obtained
the Product from any other source you may not install or use the Product.
This License Statement constitutes a legal agreement ("License Agreement")
between you (either as an individual or a single entity) and IBSurgeon
Company ("IBSurgeon") for the software product (the "Product")
identified above, including any software, media, and companying on-line
or printed documentation.
BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT, YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND
AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE
AGREEMENT. If you are the original purchaser of this Product and you do
not agree with the terms and conditions of this License Agreement promptly
return the unused Product to the place from which you obtained it.
Upon your acceptance of the terms and conditions of this Agreement, IBSurgeon
grants you the right to use the Product in the manner provided below.
1. GENERAL TERMS
(a) " Product" shall mean IBSurgeon's HQBIRD software
and all related documentation as well as all subsequent releases
of and enhancements to this software and documentation.
1.2. LICENSE GRANTED
(a) In consideration for payment by you to IBSurgeon, IBSurgeon grants to you
a non-exclusive, perpetual license for the Product to:
(i) Install, store and use the Server part of the Product on the one network server or on
the one individual computer over the network; install, store and use the Administrator
part of the software on the 2 (two) individual computers; and
(ii) Copy the Product to the extent necessary to exercise the
foregoing license, and for backup and archival purposes PROVIDED.
You reproduce IBSurgeon's copyright notices, if any, on all copies
of the Product, and all copies are subject to all terms,
conditions and obligations of this Agreement.
1.3. LICENSE RESTRICTIONS
You agree that it is restricted from:
(i) Distributing, using or copying, or allowing others to distribute, use
or copy any or all of the Product, except as expressly permitted in
(ii) Using, or allowing others to use the Product in a network, multiple
CPU or multiple-user arrangement, except as expressly permitted in
(iii) Decompiling, disassembling, reverse engineering or making any
attempt, or allowing others to decompile, disassemble, reverse
engineer or make any attempt to discover the source code of the
(iv) Leasing, loaning, renting, reselling or sub-licensing, or allowing
others to lease, loan, rent, resell or sub-license the Product or
any rights granted pursuant to this Agreement.
1.4. BREACH/TERMINATION OF RIGHTS
(a) You agree that breach of this Agreement shall void and otherwise
terminate any rights You have to use the Product and shall terminate
any warranties made by You to IBSurgeon. In the event of such
termination of rights and warranties:
(i) You shall immediately return to IBSurgeon the Product, including
any copies thereof in its possession, and certify in writing
that such action has been taken; and
(ii) Each party shall immediately return to the other party the other
party's Confidential Information, including any copies thereof,
and certify in writing that such action has been taken.
(b) You further agree that in the event of a breach or threatened breach
of this Agreement, no adequate remedy at law or money damages will
be available to IBSurgeon that will fairly compensate it, and,
therefore, IBSurgeon will be entitled to an injunction against any
such breach or threatened breach. Exercise of such remedy shall not
be construed as a waiver of any other legal or equitable remedy in
the event of a breach of this Agreement.
1.5. TITLE TO SOFTWARE PRODUCT/COPYRIGHT PROTECTION
(a) You agree that no express or implied rights of any kind are granted
to You other than those expressly set forth in Paragraph 1.2 of
this Agreement. You agree that it receives no title to the Product;
all rights, title, and interest to the Product, and all proprietary
rights therein, remain exclusively with IBSurgeon. You agree that
IBSurgeon maintains exclusive ownership of the Product in all forms,
including all copies thereof and compilations; further such rights,
title and interest shall include, witho limitation, any and all
copyrights, patents, trade secrets, and proprietary and
confidential information rights associated with the Product.
(b) You acknowledge that copyright and intellectual property laws, as
well as international copyright and intellectual property treaties
protect the Product. You shall not remove IBSurgeon's copyright
notice from any copy of the Product in Your possession.
(a) IBSurgeon represents that it owns full rights and title to the
Product and that Your anticipated use of the Product will not
violate any copyright or other proprietary right of any third party.
IBSurgeon shall indemnify and hold Your harmless from any claims or
demands (including reasonable attorney's fees) based on infringement
of a patent, trademark, copyright or trade secret arising from Your
use of the Product provided:
(i) You notify IBSurgeon promptly in writing of any such claim or
demand, cooperate fully with IBSurgeon and permits IBSurgeon to
defend or settle such claim or demand on behalf of You; and
(ii) The Product at issue in such claims or demands were used only
as permitted by this Agreement.
(b) IBSurgeon shall have no liability for any claim of infringement based
on the use or combined use of its Product with software or hardware
products or data not furnished by IBSurgeon if such infringement
would not have occurred in the absence of such combined use.
1.7. UPDATES AND PRODUCT CHANGES
IBSurgeon reserves the right at any time not to release or to discontinue
release of any Product and to alter prices, features, specifications,
capabilities, functions, licensing terms, release dates, general
availability or other characteristics of any future releases of the
2. ADDITIONAL TERMS
2.1. ADDITIONAL LICENSE TERMS APPLICABLE TO EVALUATION SOFTWARE
You may not use the Product for any commercial, business, governmental or
institutional purpose of any kind. At the end of the Evaluation Period,
further use of the Product by you is prohibited without the purchase of a
commercial license. If you do not purchase a license for the Product at
the end of the Evaluation Period, you hereby agree to permanently remove
or delete the Product from all computer systems on which it was installed
and destroy any software and documentation received, and not to reinstall
a new copy of the Product. If you desire to continue to use the Product
following the Evaluation Period, you should contact IBSurgeon or a IBSurgeon
authorized reseller to order commercial licenses to use the Product.
2.2. ADDITIONAL LICENSE TERMS APPLICABLE TO SOFTWARE LICENSED FOR
Subject to the terms and conditions of this Agreement, you may exercise
your rights under this license to use the Product and to create Works
solely for your own personal use in providing or receiving instruction
within the limited scope of guided computer programming and/or software
training courses in which you are a direct and personal participant,
either as student or instructor ("Courses"). You may only reproduce,
distribute and use Works, in source or object code form, to other
participants of the Courses and then only for educational or training
purposes. You may not use the Products or Works created with the
products for any commercial, business, governmental or institutional
purpose of any kind, except to the extent you are an instructor teaching
a Course. IBSurgeon retains all rights not specifically granted to you
2.3. ADDITIONAL LICENSE TERMS APPLICABLE TO UPGRADES
If you have purchased an upgrade version of the Product, it constitutes
a single product with the copy of the Product that you upgraded. This
means that, although you may have two sets of Product media, you still
have only one license. Therefore, you may not transfer the original copy
of the Product to any other party.
3. LIMITED WARRANTY AND DISCLAMER
IBSURGEON MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO
THE PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO
PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN
NO EVENT WILL IBSURGEON BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
AND/OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF
INCOME, LOSS OF INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER
PECUNIARY LOSS, ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT,
EVEN IF IBSURGEON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF
ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. No IBSurgeon employee,
representative or affiliate is authorized to make any modification or
addition to the warranty or remedies provided herein. Some states do
not allow the exclusion or limitation of implied warranties or
limitation of liability for incidental or consequential damages, so the
above exclusion or limitation may not apply. Where liability may not
be excluded but may be limited under applicable law, IBSurgeon's liability
shall be limited to the amount paid for the Software Product.
4. CONFIDENTIAL INFORMATION
You acknowledge that the Product in source code form remains a
confidential trade secret of IBSurgeon. You agree to hold this information
in confidence, not disclose it to any person, and not use it for any
purpose other than the use and operation of the Product as permitted
under this Agreement.
5. TERM AND TERMINATION
The term of this Agreement will begin as of the date that you receive
the Product and will remain in effect perpetually unless terminated
under this Section 5.
5.2. TERMINATION FOR CONVENIENCE
You may terminate this Agreement for any reason, or for no reason, by
giving IBSurgeon five (5) days' written notice.
5.3. TERMINATION FOR CAUSE.
IBSurgeon may terminate this Agreement if you breach your obligations
hereunder. IBSurgeon will effect such termination by giving you notice of
termination, specifying therein the alleged breach. If your breach is
curable, you will have a grace period of thirty days (30) after such
notice is served to cure the breach described therein. If the breach is
cured within the thirty day (30) grace period, then this Agreement will
remain in effect; otherwise, this Agreement will automatically terminate
upon the conclusion of the thirty day (30) grace period.
5.4. EFFECT OF TERMINATION
Upon the termination of this Agreement for any reason the following
terms shall apply:
(a) all rights granted under this License will immediately terminate
and you must stop all use of the Product;
(b) You must return to IBSurgeon or destroy all copies of the Product
provided to or made by you, and will, within ten (10) days after
the effective date of termination, provide IBSurgeon with written
certification that all such copies have been returned or