Detailed instructions for use are in the User's Guide.
Administrating GoldMine
VERSION 6.0
11/02
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Copyright Ó 2002 FrontRange Solutions Inc. All Rights Reserved. This software includes software developed by the Apache Software Foundation (http://www.apache.org). The Sentry Spelling-Checker Engine Copyright © 1999 Wintertree Software Inc. GoldMine, HEAT and other FrontRange products and brands are registered trademarks or trademarks of FrontRange Solutions Inc. in the U.S. and/or other countries. Other products and brands are registered trademarks or trademarks of their respective owners/companies. Use of this software and its related user documentation IS subject to the terms and conditions of the applicable End-User License Agreement (EULA), a copy of which is found in the user documentation. You must agree to the terms and conditions of the EULA in order to use this software. If you do not agree to the terms and conditions of the EULA, promptly return the unused software IN ITS UNOPENED CD PACKAGE to the place from which you obtained it for a refund. WARNING: The software described in this manual and its related user documentation are protected by copyright law. In no event, shall any part of the related user documentation be copied, reproduced, distributed, transmitted, stored in a retrieval system, or translated into any language, without the express written permission of FrontRange Solutions Inc. Contact FrontRange Solutions Inc. at our Web site: www.frontrange.com
(Oct. 2002)
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FrontRange Solutions Software Product: GoldMine® (Rev. Sept. 2002) END-USER LICENSE AGREEMENT (EULA) IMPORTANT READ CAREFULLY THIS EULA IS A LEGAL AGREEMENT BETWEEN YOU (YOU OR LICENSEE) AND FRONTRANGE SOLUTIONS INC. (A DELAWARE CORPORATION WITH ITS PRINCIPAL PLACE OF BUSINESS IN COLORADO), ON ITS OWN BEHALF AND ON BEHALF OF ITS SUBSIDIARIES, DIVISIONS AND AFFILIATES (COLLECTIVELY REFERRED TO AS FRONTRANGE SOLUTIONS), FOR THE SOFTWARE PRODUCT IDENTIFIED ABOVE WHICH INCLUDES COMPUTER SOFTWARE AND ASSOCIATED MEDIA AND DOCUMENTATION (COLLECTIVELY LICENSED SOFTWARE). BY OPENING THE SOFTWARE PACKAGING, COMPLETING THE SERIALIZATION PROCESS, OR DOWNLOADING, INSTALLING, ACCESSING OR UTILIZING THE LICENSED SOFTWARE OR CLICKING THE I ACCEPT BUTTON, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, PROMPTLY RETURN THE UNUSED LICENSED SOFTWARE TO THE PLACE FROM WHICH YOU OBTAINED IT FOR A REFUND. 1. Protection/Ownership. The Licensed Software may include software owned by third parties (collectively Third-Party Owners). The Third-Party Owners are third-party beneficiaries of this EULA and You agree to be bound to them under all the terms and conditions of this EULA, unless and to the extent that a separate license agreement for such software governs. The Licensed Software is protected by copyright and other intellectual property laws. FrontRange Solutions or a Third Party Owner retain ownership of the Licensed Software and the copies of the Licensed Software provided herewith. The Licensed Software is licensed to Licensee for use subject to the terms set forth in this EULA. 2. Grant of License. FrontRange Solutions hereby grants to Licensee and Licensee fully accepts, upon delivery, a nonexclusive, nontransferable and perpetual (unless earlier terminated as provided below) right to use only the executable version (no source code) of the Licensed Software for its own internal business purposes. Installation of the Licensed Software entails completion of a serialization procedure in which You will be required to enter a serialization code(s) provided to You as a part of the Licensed Software. You agree not to disclose the serialization code(s) provided to You to any third party other than an authorized FrontRange Solutions reseller (Reseller). The serialization code indicates to the loaded Licensed Software the number of authorized concurrent users covered by the license. 3. Scope of License. You are allowed only the number of concurrent users of the Licensed Software as shown in the corresponding purchase order or other order confirmation form. The number of authorized concurrent users covered by the license will be visually displayed to You during the serialization procedure. A remote user accessing the Licensed Software (via a web-enabled GoldMine product) is considered to be utilizing one concurrent user license. Nothing in this paragraph shall limit Licensee from allowing its employees, agents or representatives or the employees, agents or representatives of Licensees parent, subsidiaries or affiliates, if any, from accessing or using the Licensed Software for Licensees own internal business purposes; provided, however that the total number of concurrent users does not exceed the number of authorized concurrent users covered by the license.
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4. Additional users. If You wish to expand the number of authorized concurrent users covered by the license You may be able to purchase the additional licenses from FrontRange Solutions or a Reseller. Such added licenses will be affected by the provision of additional serialization code(s) by FrontRange Solutions.
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5. Transfer. To the maximum extent permitted by applicable law, Licensee may not resell or otherwise transfer for value the Licensed Software. Notwithstanding the foregoing, Licensee may assign all of its licensed rights and duties under this EULA to a third-party that: (a) directly or indirectly controls Licensee; (b) is controlled by or under common control with Licensee; or (c) purchases all or substantially all of Licensees assets; provided, however, that (i) Licensee gives written notice to FrontRange Solutions of the transfer or assignment; (ii) the permitted third-party assignee agrees to be bound by all the terms herein and completes and returns a registration card or other requested transfer documentation to FrontRange Solutions; and (iii) in no circumstance shall any transfer or assignment, unless specifically agreed upon in writing, (y) release Licensee from any prior outstanding obligation under this EULA, or (z) allow Licensee or Licensees transferee or assignee, collectively, to utilize more licenses than the number of licenses authorized under this EULA. If You transfer the Licensed Software, You must simultaneously transfer possession of all associated media and documentation, and remove all Licensed Software from Your computers. 6. Restrictions. You agree not to copy the Licensed Software except for backup and disaster recovery purposes, or as described in the documentation comprising the Licensed Software. If You make backup copies of the Licensed Software, the original copy of the Licensed Software and all backup copies that You make may not leave your control and are owned by FrontRange Solutions or a Third Party Owner. You agree that this is a license only and that no title passes to You. You agree not to challenge FrontRange Solutions rights in or otherwise attempt to assert any rights in the Licensed Software, except those provided under this EULA. You agree not to disclose, modify, decompile, translate, disassemble or reverse engineer the Licensed Software. You agree not to distribute, rent or lease the Licensed Software. You agree not to use the Licensed Software as a commercial hoster or application service provider. You agree not to use the Licensed Software except as expressly permitted under this EULA. You acknowledge that the Licensed Software contains information deemed confidential or otherwise proprietary to FrontRange Solutions or a Third Party Owner, and You agree to handle the Licensed Software with at least the same degree of care employed with respect to Your own confidential or proprietary information. 7. Warranty/Remedy/Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTY AND REMEDY SET FORTH BELOW ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, ORAL OR WRITTEN, EXPRESSED OR IMPLIED. Except as provided for in this EULA, no FrontRange Solutions reseller, dealer, agent or employee is authorized to modify or add to the following warranties and remedies. FrontRange Solutions warrants that for a period of ninety (90) days following delivery of the Licensed Software (i) the media on which the Licensed Software is furnished shall be free from defects in materials and workmanship under normal use; and (ii) the Licensed Software will perform substantially in accordance with FrontRange Solutions user documentation accompanying the Licensed Software. FrontRange Solutions does not warrant that the Licensed Software will meet Your requirements or that the operation of the Licensed Software will be uninterrupted or error free or that all defects will be corrected. This Limited Warranty is void if failure of the Licensed Software has resulted from accident, abuse, modification, or misapplication of the Licensed Software. If You believe there is a defect in the Licensed Software such that it does not meet the Limited Warranty provided above, You must notify FrontRange Solutions in writing within the 90-day warranty period. FrontRange Solutions entire liability and Your exclusive remedy with regard to the Limited Warranty, shall be, at FrontRange Solutions sole discretion, either repair or replacement of the Licensed Software or a refund of the amount paid by You for the Licensed Software (provided in that case that You also return the Licensed Software). Any repaired or replacement Licensed Software shall be warranted for the remainder of the original warranty period. To the maximum extent permitted by applicable law, except as provided above, FRONTRANGE SOLUTIONS MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE LICENSED SOFTWARE, ITS QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
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UNLESS BOTH EXPRESSLY REPRESENTED AND AGREED IN WRITING, THE LICENSED SOFTWARE IS NOT DESIGNED, OR INTENDED FOR USE IN ANY MEDICAL, LIFE SAVING OR LIFE SUSTAINING SYSTEMS, TRANSPORTATION SYSTEMS, NUCLEAR SYSTEMS, OR FOR ANY OTHER MISSION CRITICAL APPLICATION IN WHICH THE FAILURE OF THE LICENSED SOFTWARE COULD CREATE A SITUATION WHERE SUBSTANTIAL PROPERTY DAMAGE OR PERSONAL INJURY OR DEATH MAY OCCUR. FRONTRANGE SOLUTIONS AND ANY THIRDPARTY OWNERS RECOMMEND AGAINST, AND DISCLAIM ANY LIABILITY FOR, USE OF THE LICENSED SOFTWARE IN ANY SUCH APPLICATION. You understand and acknowledge that FrontRange Solutions will not be liable for network-related problems attributable to the operation of the Licensed Software and that network configuration changes may affect the systems performance. To the maximum extent permitted by applicable law, and except for liability arising under paragraph 8 below, FrontRange Solutions entire liability under this EULA shall be limited to the amount paid by You for the Licensed Software. IN NO EVENT WILL FRONTRANGE SOLUTIONS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSED SOFTWARE, even if advised of the possibility of such damages. In particular, and without limitation, FrontRange Solutions shall have no liability for any data stored or processed with the Licensed Software, including the costs of recovering such data. 8. Indemnification. FrontRange Solutions represents that it has the right to grant to Licensee the license to use the Licensed Software as set forth in this EULA without violating any rights of any third party and that there is no actual or threatened suit by any third party based on an alleged violation of such right by FrontRange Solutions. FrontRange Solutions will defend, indemnify and hold Licensee harmless from any third party claim that the Licensed Software infringes any copyright, trademark or trade secret owned or controlled by the third party; provided, however, that (i) FrontRange Solutions shall be notified promptly in writing by Licensee of any such claim; (ii) FrontRange Solutions shall have sole control of the defense of any action on such claim and all negotiations for its settlement or compromise; (iii) Licensee shall cooperate with FrontRange Solutions, at FrontRange Solutions expense, in a reasonable way to facilitate the settlement or defense of such claim; (iv) such claim does not arise from Licensees modifications not authorized by FrontRange Solutions; and (v) should the Licensed Software become, or in FrontRange Solutions opinion likely to become, subject to such claim of infringement, then Licensee shall permit FrontRange Solutions, at FrontRange Solutions option and expense, either (a) to procure for Licensee the right to continue using the Licensed Software, or (b) to replace or modify the Licensed Software so that it becomes noninfringing and performs in a substantially similar manner to the original product, or (c) upon failure of (a) or (b), despite the reasonable efforts of FrontRan ...