Advanced technology for
practical solutions

Contact

Address: Valley Agricultural Software
3950 South K Street
Tulare, CA 93274 USA

Phone: Toll-Free: 888-225-6753
International: 559-686-9496
Fax: 559-686-6253

<< Back

Valley Agricultural Software Inc.
END-USER LICENSE AGREEMENT FOR:
All programs and products developed and sold by Valley Agricultural Software, Inc.

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between YOU (either an individual or a single entity) hereafter also referred to as ("USER") and Valley Agricultural Software, Inc. (hereafter referred to as "VAS") for the software produced by VAS and any associated media, printed materials, "online" or electronic documentation, and Internet-based services hereafter referred to as ("SOFTWARE"). An amendment or addendum to this EULA may accompany the software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, IF YOU DO NOT AGREE, DO NOT INSTALL, COPY OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL OR PARTIAL REFUND WITHIN 90 DAYS OF DELIVERY DATE, IF APPLICABLE.

USER LICENSE AGREEMENT LIMITED USE: VAS hereby grants USER a limited, non-transferable, license to use the SOFTWARE in the manner described in this Agreement when purchased. Regardless of the method of marketing the Software is NOT in the public domain. It is copyrighted by VAS. All rights reserved. Copying, selling, or otherwise distributing this product is a violation of the law.

You may use the Software only on a single machine with only one concurrent input terminal (i.e., only one user at a time). All copying of the Software and the media is strictly prohibited except for loading the Software from the media into the computer memory for the purpose of executing the program and, where the accompanying Documentation expressly permits it, for back-up purposes in support of your use of the Software on a single machine. You must reproduce the copyright notice displayed on the media package on each permitted back-up copy. If two copies of the program are required to perform the functions of the program contact VAS immediately for Network / Multi-User licensing. You are granted no other right to copy, duplicate, modify, adapt or lend, sell, rent, substitute or otherwise transfer to any third party the SOFTWARE. You are granted no right to use the source code of the SOFTWARE in any manner.

There may be additional limitations for use of VAS SOFTWARE products and services. These further limitations are time limited and related to required annual maintenance or required annual maintenance and support for specific VAS products. These are described in all applicable purchase agreements and within the table located at the end of this document.

LIMITED WARRANTY, LIMITATION OF LIABILITY: VAS warrants to you that the media (i.e., the magnetic media on which the Software is recorded) and the Documentation will be free from defects in materials and workmanship for a period of ninety (90) days from the date of delivery to you, as evidenced by a copy of your receipt (the "Delivery Date"). VAS also warrants to you that the Software will perform substantially in accordance with the Documentation for a period of one (1) year from the Delivery Date when used as directed. There are no other expressed or implied warranties (including implied warranties of merchantability and fitness for a particular use) regarding the software, media or documentation. Except any implied warranties which cannot be disclaimed under applicable law, any such implied warranties covering the media are limited in duration to ninety (90) days from the delivery date. Any such implied warranties covering the software or documentation are limited in duration to one (1) year from delivery date. Your sole and exclusive remedy for any breach of warranty is that VAS, at its option, either will refund or repair the software.

VAS does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free. The foregoing warranties do not apply if you mishandle, alter or improperly use or store the Software, Media, and/or Documentation. Although changes or improvements to the SOFTWARE may be made, VAS will be under no obligation to provide them to YOU, unless YOU remain an active registered user and maintain SOFTWARE maintenance agreements. VAS is not responsible for problems caused in the operating characteristics of computer hardware or computer operating systems which are made after the release of the software. If the media or Documentation are not as warranted, VAS will replace it on an exchange basis without charge. In addition to the foregoing warranties, if for any reason you are not satisfied, you may return the documentation, media and all copies (if any) made there from, to VAS within ninety (90) days of the Delivery Date and VAS will refund your payment for the license fee less installation/hardware costs. Such a return will terminate all your rights to use the Software.

EXCLUSIVE REMEDY: The parties agree that the remedies set forth in this agreement shall constitute the sole and exclusive remedies available for any breach of this agreement, including any breach of warranty, whether expressed or implied. VAS's sole obligation and Customer's exclusive remedy for any warranty failure is the correction or replacement of the nonconforming software or hardware products or services or the refund of an amount not to exceed the actual payments paid by Customer to VAS for the nonconforming products or services.

LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES: The parties expressly agree that VAS shall not be liable for consequential damages, including but not limited to acts of third parties, whether authorized or unauthorized, that cause any type of loss, loss of data for any reason, damage to equipment caused by electrical surges, static charges, or other related causes, or loss of business opportunities or actual losses related to equipment or service failure.

TRADE SECRETS: You acknowledge that the Software contains trade secrets of VAS. You agree to take all steps necessary to protect the Software and Documentation, as well as any copies thereof, from disclosure. VAS reserves the right to copy protect the Software and media with any means possible either by software and/or hardware solutions. Should such a protection plan take effect, you agree to protect the "Software" and you may not modify or remove said copy protection.

TERMINATION: If you violate any item of use set forth above, this Agreement and the license provided hereunder will be automatically terminated, and you agree to return the Documentation, media and all copies (if any) made there from, to VAS at the address below. Your obligations under the Agreement will remain in effect until you have returned all those materials. You may voluntarily terminate the license by similarly returning the Documentation, media and all copies to VAS. If the license is terminated automatically or voluntarily more than 90 days after the Delivery Date, you will not be entitled to any refund from VAS.

RETURNS, NON-ACCEPTANCE: Any returns should be made to the following address after a RMA number has been issued:

VALLEY AGRICULTURAL SOFTWARE
3950 South "K" STREET
TULARE, CA 93274
USA For warranty service, Call VAS at 559-686-9496, FAX: 1-559-686-6253
EMAIL: info@vas.com URL: www.vas.com
You will be given instructions regarding packing, shipping and RMA Numbers

GENERAL: You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms. The agreement between you and VAS regarding the Software, Media and Documentation consist solely of this User License Agreement. The agreement does not include any other prior or contemporaneous promises, representations or descriptions regarding the Software, Media, or Documentation, even if they are contained in materials provided by VAS. This license may only be modified in a written amendment signed by an authorized officer of VAS. If any provisions of this Agreement are invalid under applicable law, they are, to that extent, deemed omitted. This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the State of California, without reference to choice of law principles.

Valley Ag Software
Addendum to General VAS End User License Agreement (EULA)

This document contains specific requirements applicable to each VAS individual software products. All statements in the general VAS End User License Agreement (EULA) and within any applicable purchase agreements also apply.

Definition of Annual Maintenance Contract
Annual purchase of updates or a combination of updates and a technical support plan as well as any applicable subscription requirements

Software Product

Specific Requirements

DairyComp 305 (DC305) Version 8

Required: Internet Access and Annual Maintenance contract

DairyComp 305 (DC305) Version 5

Optional: Internet Access and Annual Maintenance contract

DCClient {all versions}

Required: Internet Access and Annual Maintenance contract

DCConsultant (DCCON) {V5 data access}

Optional: Internet Access and Annual Maintenance contract

DC (DCCON) {V5+V8 data access}

Required: Internet Access and Annual Maintenance contract

Scout

Optional: Internet Access and Annual Maintenance contract

Pocket Cowcard (PCC)

Required: Internet Access and Annual Maintenance contract

DrugWatch (DW)

Required: Internet Access and Annual Maintenance contract

PocketBreeder (PB)

Required: Internet Access and Annual Maintenance contract

PocketTrimmer (PT)

Required: Internet Access and Annual Maintenance contract

FeedWatch (FW)

Optional: Internet Access and Annual Maintenance contract

WeighRite (WR)

Optional: Internet Access and Annual Maintenance contract

ParlorWatch (PW)

Optional: Internet Access and Annual Maintenance contract

DCTeach (DT)

Required: Internet Access and Annual Maintenance contract

FTech (FT)

Required: Internet Access and Annual Maintenance contract

PocketFTech (PFT)

Required: Internet Access and Annual Maintenance contract