License Agreement

Copyright

ARTS MANAGEMENT SYSTEMS LIMITED
1988 - 2023 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.

Trademarks

  • IBM, IBM PC and AT are registered trademarks of International Business Machines Corporation.
  • 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, Inc.
  • oWrite, oGantt, oSpell are a registered trademarks of Brainy Data Ltd.
  • Other products mentioned are trademarks or registered trademarks of their respective corporations.

Warranties

ARTS MANAGEMENT SYSTEMS LIMITED makes no warranties, either expressed or implied, regarding the described computer software package of its fitness for any particular purpose.

Agreement

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.

  1. 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:
  2. 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.
  3. 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 software.
  4. 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.
  5. 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.
  6. 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 software.
  7. 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.
  8. 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, 1110 Maggie St. SE, Calgary, Alberta, Canada T2G 4M1

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.