You should carefully read the following terms and conditions before using this software.

tingCom Software

Site License Agreement

Effective February 16, 2012

IMPORTANT-READ CAREFULLY: This license agreement is a legal agreement between you and tingCom Software, which includes computer software and associated media and printed materials, and may include “online” or electronic documentation (“Software”).

By installing, copying or using the Software, you agree to be bound by the terms of this license agreement. If you do not agree with the terms of this license agreement, promptly return the unused Software to the place from which you obtained it for a full refund.

1.   License Grant.

Licensor hereby grants to you, and you accept, a nonexclusive license to use the software, including documentation provided with the software, (collectively referred to as the "Software") only as authorized in this Site License Agreement.  The Site License allows use of the Software for all users at a single site within a single organization (hereinafter “Site”).  You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement.  You agree that you may not reverse assemble, reverse compile, or otherwise translate the Software.

This software may only exist on computers at the Site. Licensee may make additional copies of Software, provided the copied Software is marked with all copyright notices as found in the delivered copy and provided that the Licensee's copying is limited to within the Site.  Such copyright notices may appear in any of several forms, including machine-readable form and Licensee agrees to reproduce such notice in each form in which it appears, to the extent it is physically possible to do so. 

2.  Licensor's Rights.

You acknowledge and agree that the Software is a proprietary product of Licensor protected under U.S. copyright law.  You further acknowledge and agree that all rights, title, and interest in and to the Program, including associated intellectual property rights, are and shall remain with Licensor.  This Site License Agreement does not convey to you an interest in or to the Program, but only a limited right of use revocable in accordance with the terms of this Site License Agreement.

3.  TRANSFER RESTRICTIONS. 

This software it licensed only to you, the Licensee and may not be transferred to anyone without the prior written agreement of tingCom Software.  Any authorized transferee of the Software shall be bound by the terms and conditions of this Agreement. In no event may you transfer, assign, rent, lease, sell, or otherwise dispose of the Software on a temporary or permanent basis except as expressly provided herein.

4.  License Fees.

The license fees paid by you are paid in consideration of the licenses granted under this Site License Agreement.

5.  Term. 

This License Agreement is effective upon your installation of this package and shall continue until terminated.  You may terminate this License Agreement at any time by returning the Program and all copies thereof and extracts there from to Licensor.  Licensor may terminate this License Agreement upon the breach by you of any term hereof.  Upon such termination by Licensor, you agree to return to Licensor the Program and all copies and portions thereof.

 6.  Limited Warranty. 

Licensor warrants, for your benefit alone, for a period of 30 days from the date of commencement of this License Agreement (referred to as the "Warranty Period") that the Software is free from defects in material and workmanship.  If during the Warranty Period, a defect in the Program appears, you may return the Program to Licensor for either replacement or, if so elected by Licensor, refund of amounts paid by you under this License Agreement. 

 You agree that the foregoing constitutes your sole and exclusive remedy for breach by Licensor of any warranties made under this Agreement.  EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE PROGRAM, AND THE SOFTWARE CONTAINED THEREIN, ARE LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 7.  Limitation of Liability. 

Licensor's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to Licensor for the use of the Program.  In no event shall Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Licensor has been advised of the possibility of such damages.  SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 8.  Governing Law. 

The License Agreement shall be construed and governed in accordance with the laws of the State of New Hampshire.