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This copy of sch.Forms 2018 ("the Software Product") and accompanying documentation is
licensed and not sold. Jezreel F. Mananay or its subsidiaries, affiliates, and suppliers
(collectively "SERVICE PROVIDER") own intellectual property rights in the Software Product
is referred to as SERVICE PROVIDER.
Grant
This Agreement entitles the END USER to install and use the Software Product. In addition,
END USER 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 END USER obtain an appropriate licensing agreement for each
user and each copy of the Software Product. For further information regarding multiple copy
licensing of the Software Product, please contact:
Restrictions on Transfer
Without first obtaining the express written consent of service provider, the END USER 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
END USER 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 END USER hold multiple, validly licensed copies,
END USER may not use, copy, or install the Software Product on any system with more than the
number of computers permitted by this agreement or permit the use, copying, or installation by
more users, or on more computers than the number permitted by license.
END USER may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive
the source code for the Software Product.
END USER may not use the database portion of the Software Product in connection with any
software other than the Software Product.
Restrictions on Alteration
END USER 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. END USER may not alter any files or libraries in any portion of the Software
Product. END USER may not reproduce the database portion or create any tables or reports
relating to the database portion.
Restrictions on Copying
END USER may not copy any part of the Software Product except to the extent that use
inherently demands the creation of a temporary copy stored in computer memory and not
permanently affixed on storage medium. END USER may make one archival copy which must
be stored on a medium other than a computer hard drive.
Confidentiality
Each party hereto acknowledges that by reason of its relationship with the other party hereunder,
it may have access to confidential information and materials concerning the other party’s
business, technology, and/or products that is confidential to the other party (“Confidential
Information”). Each party’s Confidential Information is of substantial value to the party, which
value could be impaired if such information was disclosed to third parties or used in violation of
this Agreement. Written or other tangible Confidential Information must at the time of disclosure
be identified and labeled as Confidential Information belonging to the disclosing party. When
disclosed orally or visually, Confidential Information must be identified as confidential at the
time of the disclosure, with subsequent confirmation in writing within fifteen (15) days after
disclosure. Each party agrees that it will not use in any way for its own account or the account of
any third party, such Confidential Information, except as authorized under this Agreement, and
will protect Confidential Information at least to the same extent as it protects its own
Confidential Information and to the same extent that a reasonable person would protect such
Confidential Information. Neither party may use the other party’s Confidential Information
except to perform its duties or exercise its rights under this Agreement. The Confidential
Information restrictions will not apply to Confidential Information that is (i) already known to
the receiving party at the time of access hereunder, (ii) becomes publicly available through no
wrongful act of the receiving party, (iii) independently developed by the receiving party without
benefit of the disclosing party’s Confidential Information, (iv) has been rightfully received from
a third party not under obligation of confidentiality or (v) is required to be disclosed by law,
provided the party compelled to disclose the Confidential Information provides the party owning
the Confidential Information with prior written notice of disclosure adequate for the owning
party to take reasonable action to prevent such disclosure, where reasonably possible. Unless
otherwise agreed to by both parties, upon termination of this Agreement or an applicable
Addendum, each party will return the other party’s ConfidentialInformation.
Service provider makes no warranty that the Software Product will meet your requirements or
operate under your specific conditions of use. Service provider makes no warranty that operation
of the Software Product will be secure, error free, or free from interruption. END USER MUST
DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR
REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. END USER BEAR
SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO
FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. SERVICE
PROVIDER WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR
LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE
DEVICE.
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 service provider to
have been caused by END USER. All limited warranties on the Software Product are granted
only to END USER and are non-transferable. END USER agrees to indemnify and hold service
provider harmless from all claims, judgments, liabilities, expenses, or costs arising from your
breach of this Agreement and/or acts or omissions.
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.
This Software Product License Agreement is made effective when the END USER install and
use the Software Product.
1. PAYMENT OF ROYALTY. END USER will pay to service provider a royalty which
shall be calculated as follows: Five Hundred (Php500.00) pesos per semester resulting in
any way from the Authored Work.
2. OUT-OF POCKET EXPENSE. The END USER shall reimburse to the SERVICE
PROVIDER any out- of pocket expense during the conduct of installation,
troubleshooting and repair.
Contact Information
If you have any questions about this Agreement, please contact us.