ARTS MANAGEMENT SYSTEMS LIMITED
1988 - 2015 All rights reserved.
All software developed by Arts Management Systems Ltd. is furnished under a license agreement and is not sold to the end user. The software may be used or copied only in accordance with the terms of the agreement. Names of persons, corporations or products used in the tutorials and examples of this manual are fictitious.
No part of this web site (hereinafter referred to as a manual) may be reproduced, transmitted, stored in a retrieval system or translated into any language in any form by
any means without the written permission of ARTS MANAGEMENT SYSTEMS LIMITED. The information in this manual is subject to change without notice and does not represent a commitment on the part of ARTS MANAGEMENT SYSTEMS LIMITED to the functionality described herein. You may develop your own web pages and custom documentation that refer to (or hyper-link with) web pages within the manual with the understanding that links could be changed or removed in the future and content within each page of this manual may also change as functionality within the software changes. The manual is not guaranteed to match your version of the software as it will be amended constantly to reflect the current state of any software.
This licence agreement may change without notice. Any changes and amendments to the licence agreement are also binding.
- IBM, IBM PC and AT are registered trademarks of International Business Machines
- Windows, Microsoft and MS-DOS are registered trademarks, and Microsoft
Windows are trademarks of Microsoft Corporation.
- Apple, the Apple logo, Apple Talk, LaserWriter, OSX
and Macintosh are registered trademarks and Finder is a trademarks of Apple Computer, Inc.
- PostScript is a registered trademark of Adobe Systems,
- oWrite, oGantt, oSpell are a registered trademarks of Brainy Data Ltd.
- Other products mentioned are trademarks or registered
trademarks of their respective corporations.
ARTS MANAGEMENT SYSTEMS LIMITED makes no warranties, either expressed or implied, regarding the described computer software package of its fitness for any particular purpose.
DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE UNTIL YOU HAVE CAREFULLY READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS WHICH SET OUT THE TERMS OF THE LICENSE AGREEMENT BETWEEN YOU AND ARTS MANAGEMENT SYSTEMS LIMITED. IF YOU INSTALL THE SOFTWARE AND CLICK 'I AGREE' DURING THE INSTALLATION, YOU EXPLICITLY AGREE TO ALL TERMS AND CONDITIONS OF THE SOFTWARE LICENCE. YOU MAY NOT USE THE ENCLOSED SOFTWARE, RECEIVE SUPPORT OR BENEFIT FROM THE WARRANTY SET FORTH BELOW UNLESS YOU AGREE TO THE TERMS OF THE LICENCE WITH ARTS MANAGEMENT SYSTEMS LIMITED. IF YOU DO NOT AGREE WITH THE LICENSE TERMS AND CONDITIONS, PROMPTLY DESTROY THE INSTALLER AND YOUR MONEY WILL BE REFUNDED.
- Ownership. Arts Management Systems Limited retains
ownership of all software and programs provided to you. This software is licensed
to you for use under the following conditions:
- Software License. Subject to the terms and conditions
set forth below and upon receipt by Arts Management Systems
Limited of a contract that has been
signed by you, you (the "Licensee") are hereby granted a
non-exclusive, non-transferable, limited license (the "License")
to use the Arts Management Systems Limited programs
described below (the "Program") and the associated documentation
(the "Documentation") (the Program and the Documentation are
collectively referred to herein as the "Software") on any number of
compatible computers within your organizations as specified explicitly in the contract.
Access to the use of the Software by Licensee
shall be limited to no more than the designated number of Licensed
Users as set out in the contract. The designated number of License Users may be altered by the Licensee at any time upon receipt of a
supplemental signed contract by Arts
Management Systems Limited's with pricing and additional licence
arrangements stated in the contract.
Number of Licensed Users: Refer to original Contract and supplemental Contracts or amendments
Program (includes but is not limited to): Theatre Manager, scanner software, web servers, and any software that may be provided by Arts Management Systems Ltd. or downloaded electronically from our web sites or App Stores (such as Apple's App store). Download of any software created by Arts Management Systems from any source automatically makes that software subject to this licence agreement.
- Copies. This license allows you to make any number of copies of the
software provided in the Contract in machine-readable form for deployment within your organization or backup purposes only. You
must reproduce on each copy the Arts Management Systems Limited
copy right notice and any other proprietary legends that were on
the original copy of the Arts Management Systems Limited
- Property Rights. The software contains copyrighted
material, trade secrets and other proprietary materials, all of
which are owned by Arts Management Systems Limited or its
suppliers who retain title to the Software and all copies thereof,
and Licensee shall not sell, transfer, rent, lease, loan,
distribute, disclose, display or otherwise make available any
portion of the Software to others. Licensee may not engage in, or
permit third parties to engage in any activities which would have
the effect of infringing on or derogating from Arts Management
Systems Limited's ownership in the software. Without limiting the
foregoing and except as provided in paragraph 2 above, Licensee
may not engage or permit third parties to engage in any of the
following: (A) the provision or permitted use or disclosure of the
Software to third parties; (B) provision of the Software for use
in a computer service business, network, timesharing, multiple CPU
or multiple user arrangement, or by telecommunications to users
who are not individually licensed by Arts Management Systems
Limited; (C) removal or obscuring of the copyright and other
proprietary notices from any of the programs, screens, media, installers, or
any of the Documentation; (D) reverse engineering or attempting to
disassemble or decompile the Software; (E) granting sublicenses,
leases or other rights in the Software to others; and (F) making
copies or verbal or media transmissions, of the Documentation.
Licensee may physically transfer the Programs from one computer to
another provided the programs are used by no more that the designated Number of
Licensed Users at the same time.
Licensee agrees to secure and protect the Software in a manner
consistent with the maintenance of Arts Management Systems Limited
ownership and proprietary rights therein and to take appropriate
action by instruction or agreement with the Licensed Users to
satisfy its obligations hereunder.
- Limited Warranty. Arts Management Systems Limited
warrants that the Software will substantially conform to published
specifications and the Documentation, provided that the Software
is used on computer hardware and with the operating system for
which it was designed. Arts Management Systems Limited warrants
that the installer will be free from
defects in material and workmanship, under normal use, for ninety
(90) days after the date of the original purchase. If a defect
occurs during such ninety (90) day period, the Licensee may download
a replacement without charge or, at Arts Management Systems
Limited's option, a refund of the purchase price. This is
Licensee's sole remedy and Arts Management Systems Limited entire
liability in the event of a defect in the media, installer, or software. Further, Arts
Management Systems Limited hereby limits the duration on any
implied warranty(ies) on the media or installers to the period stated above.
EXCEPT AS PROVIDED ABOVE, LICENSEE ACKNOWLEDGES AND AGREES THAT
THE SOFTWARE IS USED BY LICENSEE AT LICENSEE'S SOLE RISK AND IS
PROVIDED "AS IS" WITHOUT WARRANT OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, RESULTS, EFFORT OR QUIET ENJOYMENT.
ARTS MANAGEMENT SYSTEMS LIMITED DOES NOT GUARANTEE, WARRANT OR MAKE ANY
REPRESENTATION THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL
MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE DEFECTS
IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, ARTS MANAGEMENT
SYSTEMS LIMITED DOES NOT GUARANTEE, WARRANT OR MAKE ANY
REPRESENTATION REGARDING THE USE OF THE RESULTS OF THE USE OF THE
SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY ARTS MANAGEMENT SYSTEMS LIMITED, OR ANY AUTHORIZED
REPRESENTATIVE OF ARTS MANAGEMENT SYSTEMS LIMITED, SHALL CREATE A
WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD
THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT ARTS MANAGEMENT SYSTEMS
LIMITED OR ITS AUTHORIZED REPRESENTATIVES) ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME STATES OF
THE UNITED STATES OF AMERICA DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES LICENSEE LIMITED, SPECIFIC RIGHTS. LICENSE MAY HAVE
OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
- Limitation Of Liability. In no event, including
negligence, will Arts Management Systems Limited or its directors,
officers or agents be liable to licensee for indirect, special,
incidental or consequential damages, including, but not limited to
any loss of data or business information or loss of profits,
arising out of the use or inability to use the software, even if
Arts Management Systems Limited or an authorized representative
thereof has been advised of the possibility of such damages.
Because some states do not allow the exclusion or limitation of
liability for consequential or incidental damages, the above
limitation may not apply to licensee. In no event shall Arts
Management Systems Limited total liability hereunder for all
damages, losses, and causes of action whether in contract, tort
(including negligence) exceed the amount paid by licensee for the
- Termination. This license is effective until
terminated. This License will terminate automatically without
notice from Arts Management Systems Limited upon breach of
Licensee or any of the Licensed Users of any provision of this
license relating to the confidentiality and protection of Arts
Management Systems Limited proprietary rights in the Software, use
of the Software by more than the designated number of Licensed
Users, or the termination of Licensee's business or the filing of
a petition in bankruptcy or insolvency with respect to Licensee.
In the event of termination to this License, Licensee shall
immediately return the Software to Arts Management Systems Limited
and destroy all copies thereof. All provisions of this License
relating to disclaimers of warranties, limitations of liability,
remedies or damages and Arts Management Systems Limited
proprietary rights shall survive termination.
- Export Law Assurances. Licensee agrees and certifies
that the Software, and the direct product thereof, will not be
exported outside Canada and The United States except as permitted
by the laws and regulations of either country or exported or used
outside the country in which originally licensed.
This License shall be governed by and construed in accordance with
the laws of Canada and the Province of Alberta, as applied to
agreements entered into and to be performed entirely within
Alberta between Alberta residents and the parties hereto
irrevocably attorn to the jurisdiction of the Courts of the
Province of Alberta. If for any reason a court of competent
jurisdiction finds any provision of this License, or portion
thereof, to be unenforceable, that provision of the License shall
be enforced to the maximum extent permissible so as to effect the
intent of the parties, and the remainder of this License shall
continue in full force and effect.
ARTS MANAGEMENT SYSTEMS LIMITED, 817 East Chestermere Drive, Chestermere, Alberta, Canada T1X 1A7
LICENSEE ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS
AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS. LICENSEE FURTHER
AGREES THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF
THE AGREEMENT BETWEEN LICENSEE AND ARTS MANAGEMENT SYSTEMS LIMITED
AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND
ANY OTHER COMMUNICATION RELATING TO THE SUBJECT MATTER OF THIS
AGREEMENT AND MAY NOT BE MODIFIED EXCEPT IN A WRITTEN AGREEMENT
SIGNED BY AN AUTHORIZED REPRESENTATIVE OF LICENSEE AND ARTS
MANAGEMENT SYSTEMS LIMITED.