Dairy COMP 305/DCCONsultant/Scout-(DC305/DCCON/SCOUT)-License Agreement

IMPORTANT: READ THIS USER LICENSE AGREEMENT BEFORE BREAKING THE SEAL OR 
INSTALLING THE SOFTWARE.  BREAKING THE SEAL OR INSTALLING THE SOFTWARE 
INDICATES YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. 
If you object to any term or condition, you should promptly return all 
contents to Valley Agricultural software.  

NOTE:
BREAKING THE SEAL OR USING THE SOFTWARE DOES NOT INVALIDATE YOUR RIGHT 
UNDER THIS AGREEMENT TO RETURN THE CONTENTS OF THIS PACKAGE FOR A REFUND 
WITHIN NINETY (90) DAYS OF THE DELIVERY DATE.

USER LICENSE AGREEMENT LIMITED USE  
Valley Agricultural Software (hereafter referred to as "VAS") hereby grants 
you a limited, non-exclusive, non-transferable, license to use 
"DC305/DCCON/SCOUT" software program (herein the "Software"), as well as the 
diskettes/CD-ROM (herein the "Diskettes") and the printed documentation 
("Documentation") contained in the accompanying binder in the manner described
in this Agreement. Regardless of the method of marketing the Software is NOT 
in the public domain. It is copyrighted by VAS. All rights reserved. Copying, 
selling, or otherwise distributing this product is a violation of the law.
You may use the Software only on a single machine with only one con-current 
input terminal (only one user at a time). All copying of the Software and the 
Diskettes is strictly prohibited except for loading the Software from the 
Diskettes into the computer memory for the purpose of executing the program 
and, where the accompanying Documentation expressly permits it, for back-up 
purposes in support of your use of the Software on a single machine. You must 
reproduce the copyright notice displayed on the Diskettes package on each 
permitted back-up copy. If two copies of the program are required to perform 
the functions of the program contact VAS immediately for Shadow or Multi-User 
licensing. You are granted no other right to copy, duplicate, modify, adapt or
lend, sell, rent, substitute or otherwise transfer to any third party the 
Software, Diskettes, Documentation and any copies (if any). You are granted no
right to use the source code of the Software in any manner.

LIMITED WARRANTY, LIMITATION OF LIABILITY   
VAS warrants to you that the Diskettes (i.e. the magnetic media on which the 
Software is recorded) and the Documentation will be free from defects in 
materials and workmanship for a period of ninety (90) days from the date of 
delivery to you, as evidenced by a copy of your receipt (the "Delivery Date").
VAS also warrants to you that the Software will perform substantially in 
accordance with the Documentation for a period of one (1) year from the 
Delivery Date when used as directed.
THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES (INCLUDING IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE) REGARDING THE SOFTWARE, 
DISKETTES OR DOCUMENTATION. EXCEPT ANY IMPLIED WARRANTIES WHICH CANNOT BE 
DISCLAIMED UNDER APPLICABLE LAW, ANY SUCH IMPLIED WARRANTIES COVERING THE 
DISKETTES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DELIVERY DATE. 
ANY SUCH IMPLIED WARRANTIES COVERING THE SOFTWARE OR DOCUMENTATION ARE LIMITED 
IN DURATION TO ONE (1) YEAR FROM DELIVERY DATE. YOUR SOLE AND EXCLUSIVE REMEDY
FOR ANY BREACH OF WARRANTY IS THAT VAS, AT ITS OPTION, EITHER WILL REFUND OR
REPAIR THE SOFTWARE. 
VAS does not warrant that the Software will meet your requirements or that the
operation of the Software will be uninterrupted or error free. The foregoing
warranties do not apply if you mishandle, alter or improperly use or store the
Software, Diskettes, and/or Documentation. Although changes or improvements to
the Software, Diskettes and/or Documentation may be made, VAS will be under no
obligation to provide them to you, unless you remain an active registered user 
and maintain yearly service and support plans. VAS is not responsible for 
problems caused in the operating characteristics of computer hardware or 
computer operating systems which are made after the release of the software.  
If the Diskettes or Documentation are not as warranted, VAS will replace it on 
an exchange basis without charge.  In addition to the foregoing warranties, if 
for any reason you are not satisfied, you may return the documentation, 
Diskettes and all copies (if any) made there from to VAS within ninety (90) 
days of the Delivery Date and VAS will refund your payment for the license 
fee/less installation/hardware costs. Such a return will terminate all your 
rights to use the Software.

TRADE SECRETS
You acknowledge that the Software contains trade secrets of VAS. You agree to 
take all steps necessary to protect the Software, Documentation and Diskettes,
as well as any copies thereof, from disclosure.  VAS reserves the right to copy
protect the Software and Diskettes with any means possible either by software 
and/or hardware solutions. Should such a protection plan take effect you agree 
to protect the "Software", you may not modify or remove said copy protection.
Hardlock's are part of the license and carry a 2 year warranty for workmanship
from the delivery date.

TERMINATION
If you violate any item of use set forth above, this Agreement and the license 
provided hereunder will be automatically terminated, and you agree to return 
the Documentation, Diskettes and all copies (if any) made there from to VAS at
the address below. Your obligations under the Agreement will remain in effect
until you have returned all those materials. You may voluntarily terminate the 
license by similarly returning the Documentation, Diskettes and all copies to 
VAS. If the license is terminated automatically, or voluntarily more than 90 
days after the Delivery Date, you will not be entitled to any refund from VAS.

RETURNS, NON-ACCEPTANCE
Any returns of the Diskettes/Documentation should be made to the following 
address after a RMA number has been issued:

VALLEY AGRICULTURAL SOFTWARE
442 NORTH "O" STREET
TULARE, CA 93274

For warranty service, Call VAS at 559-686-9496. You will be given instructions 
regarding packing and shipping.

Other Contacts: FAX: 1-559-686-6253  EMAIL:info@vas.com  URL: www.vas.com

GENERAL
You acknowledge that you have read this Agreement, understand it, and agree to 
be bound by its terms. The agreement between you and VAS regarding the 
Software, Diskettes and Documentation consist solely of this User License 
Agreement. The agreement does not include any other prior or contemporaneous 
promises, representations or descriptions regarding the Software, Diskettes or
Documentation , even if they are contained in materials provided by VAS.   
This license may only be modified in a written amendment signed by an 
authorized officer of VAS. If any provisions of this Agreement are invalid 
under applicable law, they are, to that extent, deemed omitted. This Agreement
and performance hereunder will be governed by and construed in accordance with
the laws of the State of California, without reference to choice of law 
principals.

@021023  (c)  Copyright: Valley Agricultural Software

