FORERUNNER SOFTWARE LICENSE TERMS
FORERUNNER SSRS Pro Viewer Pro & SSRS Pro Designer
These license terms are an agreement between Forerunner Software (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Forerunner Software
- Internet-based services, and
- support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT TO THE RETAILER FOR A REFUND OR CREDIT. If you cannot obtain a refund there, contact Forerunner Software. In the United States and Canada, call (855) 367-3511.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH SERVER YOU PROPERLY LICENSE.
1. **1.** OVERVIEW.
1. **a.** Software. The software includes
- the software; and
- additional software that may only be used with the software directly, or indirectly through other additional software.
1. **b.** License Model. The software is licensed based on the:
- Application License Model - number of separate application instances which you run instances of the software.
1. **c.** Licensing Terminology.
- **Instance.** You create an "instance" of software by executing the software's setup or install procedure. You also create an instance of software by duplicating an existing instance. References to software in this agreement include "instances" of the software.
- **Run an Instance.** You "run an instance" of software by loading it into memory and executing one or more of its instructions. Once running, an instance is considered to be running (whether or not its instructions continue to execute) until it is removed from memory.
- **Operating System Environment.** An "operating system environment" is
- all or part of an operating system instance, or all or part of a virtual (or otherwise emulated) operating system instance which enables separate machine identity (primary computer name or similar unique identifier) or separate administrative rights, and
- instances of applications, if any, configured to run on the operating system instance or parts identified above.
There are two types of operating system environments, physical and virtual. A physical operating system environment is configured to run directly on a physical hardware system. The operating system instance used to run hardware virtualization software (e.g. Microsoft Virtual Server or similar technologies) or to provide hardware virtualization services (e.g. Microsoft virtualization technology or similar technologies) is considered part of the physical operating system environment. A virtual operating system environment is configured to run on a virtual (or otherwise emulated) hardware system. A physical hardware system can have either or both of the following:
- ne physical operating system environment
- ne or more virtual operating system environments.
- **Server.** A server is a physical hardware system capable of running the software. A hardware partition or blade is considered to be a separate physical hardware system.
- **Assigning a License.** To assign a license means simply to designate that license to one application.
1. **2.** TERMS FOR APPLICATION LICENSE MODEL.
1. **a.** Licensing an Application. Before you run instances of the software on a server, you must determine the required number of software licenses and assign those licenses to that application as described below.
1. **i.**** Determining the Number of Licenses Required.** To run instances of the software in a physical or virtual operating system environment on a server, you need a software license for that application.
2. **ii.**** License Term.** Licenses are valid for 1 year (365 days) from purchase. After the term the software will revert to the FREE license functionality including but not limited reduced features and functionality.
2. **b.** Running Instances of the Software. For each application to which you have assigned the required number of software licenses, you may run, at any one time, any number of instances of the software in physical and virtual operating system environments for the licensed application.
3. **c.** Creating and Storing Instances on Your Servers or Storage Media. You have the additional rights below for each software license you acquire.
- You may create any number of instances of the software and additional software.
- You may store instances of the software and additional software on any of your servers or storage media.
- You may create and store instances of the software and additional software solely to exercise your right to run instances of the software under any of your software licenses as described (e.g., you may not distribute instances to third parties).
1. **3.** LICENSE KEYS. The software requires a key to install or access it. You are responsible for use of the keys assigned to you. You may not share the keys with third parties. You may not use keys assigned to third parties.
2. **4.** SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Forerunner Software reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
- work around any technical limitations in the software;
- reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
- remove, minimize, block or modify any logos, trademarks, copyright, digital watermarks, or other notices of Forerunner Software or its suppliers that are included in the software, including any content made available to you through the software;
- make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
- publish the software, including any application programming interfaces included in the software, for others to copy;
- rent, lease or lend the software; or
- use the software for commercial software hosting services.
1. **5.** BACKUP COPY. You may make one backup copy of the software media. You may use it only to create instances of the software.
2. **6.** DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
3. **7.** NOT FOR RESALE SOFTWARE. You may not sell software marked as "NFR" or "Not for Resale."
4. **8.** DOWNGRADE. Instead of creating, storing and using the software, for each permitted instance, you may create, store and use an instance of an earlier version. This agreement applies to your use of the earlier version. If the earlier version includes different components, any terms for those components in the agreement that comes with the earlier version apply to your use of them. Forerunner Software is not obligated to supply earlier versions to you. At any time, you may replace an earlier version with this version of the software.
5. **9.**** TRANSFER TO A THIRD PARTY.** The first user of the software may transfer it, this agreement directly to a third party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The transfer must include the software and the License Key. The first user may not retain any instances of the software unless that user also retains another license for the software.
6. **10.** EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.
7. **11.** SUPPORT SERVICES. Forerunner Software provides support services for the software.
8. **12.** ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
9. **13.** APPLICABLE LAW.
1. **a.** United States. If you acquired the software in the United States, Texas state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
2. **b.** Outside the United States. If you acquired the software in any other country, the laws of that country apply.
10. **14.** LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
11. **15.** LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM FORERUNNER SOFTWARE AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
- anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
- claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if
- repair, replacement or a refund for the software does not fully compensate you for any losses; or
- Forerunner Software knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
1. **A.**** LIMITED WARRANTY.** If you follow the instructions, the software will perform substantially as described in the Forerunner Software materials that you receive in or with the software.
2. **B.**** TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER.** If the first user transfers the software, the remainder of the warranty will apply to the recipient.
**TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY.** Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
1. **C.**** EXCLUSIONS FROM WARRANTY.** This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Forerunner Software's reasonable control.
2. **D.**** REMEDY FOR BREACH OF WARRANTY. FORERUNNER SOFTWARE WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF FORERUNNER SOFTWARE CANNOT REPAIR OR REPLACE IT, FORERUNNER SOFTWARE WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF FORERUNNER SOFTWARE CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO FORERUNNER SOFTWARE WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.**
3. **E.**** CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.**
4. **F.**** WARRANTY PROCEDURES.** You need proof of purchase for warranty service.
1. **1.**** United States and Canada.** For warranty service or information about how to obtain a refund for software acquired in the United States and Canada, contact Forerunner Software at
- (855) 367-3511;
- Email Sales@ForerunnerSW.com
1. **2.**** Outside United States, Canada.**
- Email Sales@ForerunnerSW.com
1. **G.**** NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM FORERUNNER SOFTWARE. FORERUNNER SOFTWARE GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, FORERUNNER SOFTWARE EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.** If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.
2. **H.**** LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY.**
**THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.**