Software License Agreement for "Calculate Elapsed Time Sample", a free program.

TERMS  and  CONDITIONS
This is a legal agreement between you (either as an individual or an entity), the user, and Cross-W Systems.  If you do not agree to the terms set forth in this License Agreement, promptly delete this softcopy file, unused.  By proceeding to use the enclosed Cross-W Software, you will have signified your acceptance of the terms and conditions of this Software License Agreement.

Cross-W Systems hereby grants to the original purchaser a license to use the Cross-W Software, on the terms and conditions set forth herein.  The provisions of this License Agreement govern the Cross-W Software and all other written or softcopy items that accompany the Cross-W Software.

This license is effective as of the time you receive the Cross-W Software and will continue until you cease all use of the Cross-W Software and return or destroy all copies thereof, or until it is automatically terminated upon your failure to comply with the terms of this license.

The Cross-W Software is owned by Cross-W Systems.  It is protected by United States copyright laws and international treaty provisions.  This software license permits you to use copies of the Cross-W Software on any computer, provided that the copyright notice is not removed from the Cross-W Software and the user agrees to the terms of this License Agreement.

Notwithstanding the foregoing, you may reproduce and distribute as part of any Approach system created through the use of and incorporating the "Calculate Elapsed Time Sample" program the following components:

TIMELAP.APR
TIMELAP.DBF
TIMELAP.ADX
HOLIDAY.DBF
HOLIDAY.ADX

provided that you (a) do not use Cross-W Systems's name for purposes of marketing your Approach system, except when referring to these files; (b) include Cross-W Systems's copyright notice for the files with the copyright notice for your Approach system; and (c) agree to indemnify and hold harmless Cross-W Systems from and against any claims or suits that arise as the result of the use or distribution of your Approach system.

LIMITED WARRANTY.  
Cross-W Systems warrants that the Cross-W Software will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of receipt.  Any implied warranties on the Cross-W Software are limited to ninety (30) days.

CUSTOMER REMEDIES.  
Cross-W Systems entire liability and your exclusive remedy shall be, at Cross-W Systems's option, either (a) return of the price paid or (b) repair or replacement of the Cross-W Software that does not meet Cross-W Systems's Limited Warranty.  This Limited Warranty is void if failure of the Cross-W Software has resulted from accident, abuse or misapplication.  Any replacement Cross-W Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.  

NO OTHER WARRANTIES.  
Cross-W Systems disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the Cross-W Software, the accompanying written materials and any accompanying databases or files.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES.  
In no event shall Cross-W Systems be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of the use of or inability to use this Cross-W Systems product, even if Cross-W Systems has been advised of the possibility of such damages.

The above terms constitute the entire agreement between you and Cross-W Systems with regard to the Cross-W Software, and such agreement may not be modified except in writing and signed by both parties.  If any provision of this agreement is held to be invalid by any court of competent jurisdiction, it is to that extent deemed omitted and the remaining provisions will continue in full force and effect.  This agreement will be construed and enforced in accordance with New York state law, excluding its principles of conflict of laws.

UNITED STATES GOVERNMENTAL ENTITY USERS.   
This paragraph shall supersede the provisions of the License Agreement in the event of a conflict. The Cross-W  Software and documentation are sold only with "Restricted Rights."  Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)&(2) of the "Commercial Computer Software--Restricted Rights" at 48 CFR 52.227-19, if applicable.  The contractor is Cross-W Systems, 29 Beech Hill Lane, Pound Ridge, NY  10576.