License Agreement

License Agreement

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Copyright
This software product is Copyrighted by HY-TEK Sports Software - All Rights Reserved.

Copyright Information
U.S. copyright laws and international copyright treaties protect this software, and any documentation. By using this software, you acknowledge that you have read, understood, and agree to be bound by all of the provisions of this license.

License, Copy, and Use Restrictions
The licensed name is printed at the top left of all reports, is shown when you click on Help then About, and is displayed at the bottom left of the Main Screen.

HY-TEK Sports Software offers four types of product Licenses for MEET MANAGER for Swimming.

Team, School, or Club License

MM is licensed to a "Sports Team or Club", not individuals or organizations. MM may be used for meets hosted by, and directly participated in, by that sports team. For example, Central high School may use its licensed copy of MM to run any dual or invitational high school meet hosted by and participated in by Central High School - no age group, Masters, or college meets should be run with a High School License.

Championship Meet License

The software can be licensed to run a SPECIFIC championship meet. For example, MM can be licensed to the "City Summer League Championship", no matter where it is held or what team hosts it.

Facility or Site License

MM may be used to run any type of meet (High School, College, Age Group, Masters, etc) that is swum at this one facility. For example, if MM is licensed to the Lakeside Natatorium, it can be used to run ANY meet that is swum at that facility. However, the site licensed software is not to be distributed to entering teams to facilitate their data entry. The Facility License has an annual fee.

4. Organizational License

A Swim Organization may want to order MM and use it for the meets that they host and run - as long as there are no concurrently run meets and it is loaded on only one computer. An example of this type of Organizational License option would be for a Province or Association for their meets that they run each year. This License is not an option for club hosted meets. The Organizational License can be used for a maximum of 10 meets a year and has an annual fee.

HY-TEK Sports Software licenses (not sells) this single user software to the Swim Team or Swim Organization that is printed on the top left of all reports and displayed on the product Logo/Introduction Screen for use on multiple computers for which the software was designed. This means HY-TEK Sports Software allows you to use the software on multiple computers at the same site for the same meet. You may also use the software on multiple computers to facilitate data entry for a given meet. This software cannot be used to run a meet unless the swim team to whom the software is licensed is hosting the meet and is participating in the meet as that licensed team. Those facilities or sites that have HY-TEK's Site License may use the software for any meet run at the facility so licensed.

Specific Restrictions: The single user software may NOT be distributed to run separate meets at separate sites for subsets of one organization. For example, if there are four district meets advancing to a state championship, this requires five licenses unless one of the districts is also running the championship meet in which case four licenses would be required. Except for Site Licenses, this software may not be used to run meets at a particular facility unless the school, club, or team to whom the software is licensed is hosting and participating in the meet as that licensed team. For example, if the software is licensed to a YMCA or USS club, that software cannot be used to run a College or High School meet.

If the software is licensed to a League's Championship Meet, that software may NOT be used to run the Dual Meets or Divisionals for that league.

You may make no more than one (1) additional copy of the original CD that the software is delivered on for back-up purposes and you may install the software on a hard disk on your authorized computers as a working copy.

You may not make any changes or modifications to the software, or delete any of the files contained in the software, and you may not decompile, disassemble, or otherwise reverse engineer the software. This software is not for sale, and you may not sublicense, rent, lease, donate, sell, loan, pledge, transfer, or distribute on a temporary or permanent basis the original copy or back-up copies of the software or the documentation to another user or company.

LIMITED WARRANTY
This product is warranted that the magnetic media that the software is recorded on and the documentation provided with it are free from defects in materials and workmanship under normal use. The software is warranted that the software itself will perform substantially in accordance with the specifications set forth in this User Guide provided that the data itself is either keyed in using this product's data entry screens, or imported from any other HY-TEK Sports Software product database.

HY-TEK Sports Software will replace the installation CD that proves defective in materials or workmanship, without additional charge, on an exchange basis within 30 days of having shipped the CD. If a CD media problem is reported after this 30 day period, HY-TEK Sports Software will replace the CD according to its standard Disk Replacement policy in which you would remit to HY-TEK Sports Software the CD replacement costs of $10.00 plus the S&H costs. In the case of an error in the documentation, HY-TEK Sports Software will correct errors in the Help section of the product without charge and provide updates as required that reflect these Help section changes.

HY-TEK Sports Software will either replace or repair without additional charge any software that does not perform in substantial accordance with the specifications of the documentation. This will be done by your downloading the current update from the HY-TEK Sports Software web site at www.hy-tekltd.com, assuming you're on the current released version of the software. If you are not on the current released version of the software, you may receive a corrected version by remitting the standard HY-TEK Sports Software product update fee.

HY-TEK Sports Software does not warrant that the functions contained in the software will meet your particular requirements or that the operation of the software will be uninterrupted or error free. The warranty does not cover any media or documentation that has been subjected to damage or abuse by you. The software warranty does not cover any copy of the software that has been altered or changed in any way by you or others. HY-TEK Sports Software is not responsible for problems caused by changes in the operating characteristics of the computer hardware or operating system which are made after the delivery of the software.

Except as specifically provided herein, HY-TEK Sports Software makes no express or implied warranties whatsoever and expressly disclaims the implied warranties of merchantability and fitness for a particular purpose. These warranties shall be in effect two years from the time the original software or product update is delivered.

Your Obligations Under the Warranties:

During the warranty period, you must contact HY-TEK Sports Software customer service department for an authorization to return any defective item to HY-TEK Sports Software. If HY-TEK Sports Software's customer service representative is unable to correct your problem, you will be provided a return authorization number and an address for returning the defective item for warranty service or replacement. You must insure any defective item being returned since HY-TEK Sports Software does not assume the risk of loss or damage while in transit.

LIMITATION OF LIABILITY
HY-TEK Sports Software shall not, in any event, be liable for special incidental, consequential, indirect, or other similar damages, even if HY-TEK Sports Software or its distributor has been advised of the possibility of such damages. In no event shall HY-TEK Sports Software's liability exceed the licensee fees paid for the right to use the licensed software or $200.00, whichever is less.