SOFTWARE, HARDWARE AND SERVICE AGREEMENT BETWEEN THE BUYER AND AIM MANAGEMENT SERVICES, INC.

LIMITED USE SOFTWARE LICENSE AGREEMENT

AIM Management Services, Inc.
3231 SW 44th Street Fort Lauderdale, Florida 33312.6930

AIM Management Services, Inc., a Florida, USA corporation, does hereby grant to the party and/or buyer (hereinafter referred to as LICENSEE) a non-transferable, and non-exclusive license to use the computer software programs (singularly or collectively referred to as "software") under the following terms and conditions:


The software is furnished to LICENSEE for use on a single or multiple computer system depending on the purchased license. LICENSEE and LICENSEE's employees and agents will protect the confidentiality of the Software and will not distribute or otherwise make available the Software or documentation, or any portion thereof, in any form to any third party. Title to and ownership of the Software and the documentation shall at all times remain with Aim Management Services, Inc. The software’s license and program are non-transferrable to another company. The licensee agrees to notify Aim Management Services, Inc. for such changes.

No warranties with respect to the Software are made by AIM. AIM DOES NOT WARRANT THAT THE SOFTWARE WILL MEET SPECIFIC REQUIREMENTS OF LICENSEE. AIM MANAGEMENT SERVICES, INC. SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SOFTWARE ARE SOLD AS IS.

IN NO EVENT SHALL AIM MANAGEMENT SERVICES, INC. BE LIABLE TO ANYONE FOR SPECIAL, COLLATERAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF PURCHASE OR USE OF THESE MATERIALS AND THE SOFTWARE . THE SOLE AND EXCLUSIVE LIABILITY TO AIM MANAGEMENT SERVICES, INC. REGARDLESS OF THE FORM OF ACTION SHALL BE THE REPLACEMENT OF THE SOFTWARE INSTALLATION DISK.

LICENSEE acknowledges that by buying the software, he agrees to the term that the software are non-refundable, and non-returnable. AIM MANAGEMENT SERVICES, Inc. will replace only the damaged installation disk, once proven by the company that the disk is non-functional. And any defective hardware once proven to be defective will be under manufacturer's warranty and not Aim's responsibility. We will help you obtain RMA's for any hardware purchased from AIM. The BUYER will be responsible for any additional costs incurred.

This agreement, the license granted hereunder, and the Software, may not be assigned or transferred by the LICENSEE without the prior written consent of AIM except that LICENSEE may change the installation location upon notice to AIM and LICENSEE's dealer. No right to reproduce or copy any documentation, in whole or in part, is granted to LICENSEE.

LICENSEE acknowledges that it is receiving only a limited license to use the Software and related documentation and that AIM retains title to all Software and documentation. LICENSEE acknowledges that AIM has a valuable proprietary interest in the Software and documentation and that unauthorized disclosure, transfer, or copying of the Software is a violation of Federal Law.

If AIM Management Services, Inc. engages an attorney to enforce said agreement LICENSEE agrees to pay all expenses and cost of litigation, including court costs and reasonable attorney fees to be fixed by any court in which said attorney is required to appear. LICENSEE agrees that the AIM Management Services, Inc. headquarters is located in Broward County, Florida and herein agrees and stipulates that Broward County shall be the county where venue must properly lie. If any action is brought to enforce this contract or for damages or any other relief, the parties agree that such action must be brought in Broward County.

All Rights reserved. Aimpaks Manual and publication contains proprietary information that is protected by copyright laws. No part of this publication may be reproduced, photocopied, stored in a retrieval system, or transmitted, in any form or by any means – electronic, electrostatic, mechanical, photocopying, recording or otherwise, without the prior written permission of the publisher and Aim Management Services, Inc.

Aim Management Services, author and publisher have made every effort in the preparation of this manual to ensure the accuracy of the information. However, the information contained in this book is written without warranty, either express or implied. Neither the author, Aim Management nor its dealers or distributors will be held liable for any damages caused or alleged to be caused either directly or indirectly by the manual and any publications.

Aim Management Services, Inc. shall not be liable for errors contained herein or for incidental or consequential damages in connection with the furnishing, performance or use of this material.

USE OF AIM'S PRODUCTS AND SERVICES CONSTITUTES ACCEPTANCE OF THIS AS A LEGAL BINDING CONTRACT BETWEEN AIM MANAGEMENT SERVICES, INC. AND THE BUYER.


Copyright © 1997.  Aim Management Services, Inc.

May not be reproduced in whole or in part without express written permission.