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Menu Systems License Agreement

MENU SYSTEM LICENSE

MENUMIZAR SOFTWARE  This is a legal agreement between you - either an individual or an entity - and Menu Systems, Inc. ("MSI").  By opening the enclosed sealed package containing the MenuMizar software program ("SOFTWARE"), you are agreeing to all of the terms of this agreement.  If you do not agree to the terms of this agreement, return the unopened package containing the SOFTWARE and all other accompanying items to MSI within thirty (30) days from date of purchase for a full refund.

MSI grants you the right to use the SOFTWARE as long as you abide by all the terms of this agreement.  The SOFTWARE is owned and remains the property of MSI.  You may install and use one copy of the SOFTWARE on one computer.  That is, the SOFTWARE will be installed (i.e. loaded into RAM, a hard disk or any other storage device) on no more than one single computer at any one time and will be restricted to one user at a time including use on a network.

The SOFTWARE is protected by copyright laws and international copyright treaty and must be treated like any other copyrighted materials.  However, you may make one machine-readable copy of the SOFTWARE for the sole purpose of backing up the original.  The copy shall have an external label that displays all MSI proprietary notices and shall remain the property of MSI.

You may transfer your rights to use the SOFTWARE to another provided the recipient agrees to the terms of this agreement.  If you do, you must also give that person all of the SOFTWARE, diskettes, copies of the SOFTWARE, documentation, manuals and any other materials that are the property of MSI.

The forms, reports, libraries, scripts, tables, source code, source data and all other components that make up the SOFTWARE are the exclusive property of MSI.  They may not be modified, altered, de-compiled, disassembled, or reverse engineered in any way.  They may not be accessed or viewed in any way other than by running the SOFTWARE in the manner described in the User's Guide and on-line Help System.

You may not rent or lease the SOFTWARE, or provide others with a method or means to use the SOFTWARE free of charge, for a fee or for any reason.  Furthermore, you may not use the SOFTWARE in any way, in whole or in part, except as expressly stated in this agreement.

MENUS, RECIPES, PURCHASING REPORTS, NUTRITION FACTS REPORTS, PRODUCTION REPORTS, PATIENT CENSUS REPORTS, NOURISHMENT LABELS AND TRAY CARDS  All of the Menus, Recipes, Purchasing Reports, Nutrition Facts Reports, Production Reports, Patient Census Reports, Nourishment Labels and Tray Cards (the "OUTPUT") shown on the computer screen or printed by the SOFTWARE are owned and remain the property of MSI.  The OUTPUT is protected by copyright laws and international copyright treaty.  However you may use the SOFTWARE to create and print a copy of OUTPUT for your personal use or your client's personal use.  You may not copy, reproduce or photocopy the OUTPUT for publication, distribution, or resale in any manner inconsistent with its intended use as expressly stated in this agreement.

USER'S GUIDE AND ON-LINE HELP SYSTEM  The User's Guide and on-line Help System are the property of MSI and are protected by copyright laws and international copyright treaty.

LIMITED WARRANTY

LIMITED WARRANTY  MSI warrants the SOFTWARE media to be free of defects in workmanship for a period of ninety (90) days from date of purchase.  During this period MSI will replace at no cost any such media returned to MSI, postage prepaid.  This service is MSI 's sole liability under this warranty.

The Nutrition Education Documents, Menus, Recipes and Shopping Lists are based upon information provided by food manufacturers and the United States Department of Agriculture.  While MSI has made every effort to ensure the accuracy of this information, MSI assumes no responsibility for errors.  Menus, Recipes and Shopping Lists must be reviewed by you and/or your client prior to use to ensure that the menus and recipes, and their ingredients, are suitable for you or your client's particular needs and health requirements.

EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.  YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

The entire and exclusive liability and remedy for breach of this Limited Warranty shall be limited to replacement of defective media or documentation and shall not include or extend to any claim for or right to recover any other damages, including but limited to, loss of profit, data, or use of the software or special incidental or consequential damages, or other similar claims even if MSI has been specifically advised of the possibility of such damages.  In no event will MSI's liability for any damages to you or any other person ever exceed the actual price paid for the SOFTWARE, or the license to use the SOFTWARE, regardless of the form of the claim.

DISCLAIMER  LICENSE FEES FOR THE SOFTWARE DO NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION OF RISK BY MSI, AND IN NO EVENT SHALL MSI BE LIABLE FOR ANY DAMAGES WHATSOEVER FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR OPERATION OF OR INABILITY TO USE THE SOFTWARE, EVEN IF MSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  FURTHERMORE, LICENSEE INDEMNIFIES AND AGREES TO HOLD MSI HARMLESS FROM SUCH CLAIMS.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

This agreement is the complete and exclusive statement of the parties' agreement.  Should any provision of this agreement be held to be invalid by any court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remainder of the License shall nonetheless remain in full force and effect.

This License Agreement is governed by the laws of the Commonwealth of Pennsylvania.  Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a state or federal court of competent jurisdiction located in Allegheny County, Pennsylvania, USA.  The parties hereby consent to in personam jurisdiction of said courts.