HARVEY SOFTWARE, INC.
AUTHORIZED CPS^TM END USER AGREEMENT

Use of this product constitutes a legal Agreement between you (either an individual or entity), the End-User, and Harvey Software, Inc. (hereinafter referred to as Harvey Software) for the Harvey Software product identified below, which includes computer software and associated media and printed materials, and may include "online" or electronic documentation ("Licensor Product").

END-USER'S USE OF THE LICENSOR PRODUCT IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BELOW. BY CLICKING THE "I AGREE" BUTTON, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE "I DECLINE" BUTTON AND YOU MUST CEASE ALL FURTHER USE OF THE LICENSOR PRODUCT.

Harvey Software Licensor Product:

Computerized Parcel System (CPS) (including all CPS Purchase Plans, Modules and Options)

By installing, copying or otherwise using the Licensor Product, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly discontinue use of the Licensor Product.

1. Grant of License. This agreement permits you to make and use one (1) unlocked copy of the specified version of the Harvey Software product identified above, along with any programming changes made by Harvey Software, (the "Licensor Product") on a single computer as long as the service with Harvey Software is current. The Licensor Product is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM, or other storage device) of that computer.

2. Copyright. The Licensor Product is owned by Harvey Software and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the Licensor Product like any other copyrighted material (e.g., a book or musical recording) except that you may either (a) make one copy of the Licensor Product solely for backup or archival purposes, or (b) transfer the Licensor Product to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy any of the written materials that may accompany the Licensor Product.

3. Other Restrictions. You may not rent or lease the Licensor Product, but you may transfer your rights under this Agreement on a permanent basis provided you transfer the Licensor Product, this Agreement, and all accompanying written materials and retain no copies, and the recipient agrees to the terms of this Agreement. Any transfer of the Licensor Product must include the most recent update and all prior versions. Harvey Software will not support nor update any transferred software system and/or license without the purchase of a new service agreement by the recipient. Harvey Software should be contacted immediately upon any such transfer. You may not reverse engineer, decompile, or disassemble the Licensor Product.

4. Service Agreements. Harvey Software offers, at an additional cost, annual service agreements that provide the end user access to product resolution support, carrier rate changes, and product updates for a fixed period of time. Since the carriers decide when to release rate information to Harvey Software, there is no guarantee that Harvey Software can provide rate changes on any time schedule. Harvey Software makes its best effort to see that rate changes are made available prior to their effective date whenever possible. Since carrier compliance is required when using CPS, this product must have on-line access for updating and service agreements must be kept up-to-date or CPS will no longer function.  CPS will not function without active service agreement coverage.

5. Limited Warranty. Harvey Software warrants to the end-user that the original copy of the Licensor Product will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of receipt.

6. Carrier Addendums. By installing any Harvey Software supplied carrier support, the end-user agrees to the terms of the individual Carrier Addendums.

7. Module Addendums. By installing any Harvey Software supplied CPS Modules, the end-user agrees to the terms of the individual Module Addendums.

8. Problems With Carrier or Other Third Party Provided Portions of Licensor Product. Harvey Software many times incorporates or other wise uses software or on-line service provided by carriers or other third parties. This is done at the request of the carrier or other third party to meet their and customer requirements.  Even though Harvey Software makes every effort to see that carrier or other third party provided software or on-line service works properly, there are no guarantees expressed or implied that carrier or other third party provided software or on-line service will work as the carrier or other third party has stated. Harvey Software disclaims all warranties or liabilities, either expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regard to the carrier or other third party provided software or on-line service.  Third party provided software or on-line service can include, but is not limited to, address corrections and/or verification (AVM) services, Residential Delivery Indicator (RDI) services, internet postage services, Dangerous Goods/Hazardous Material services, carrier package processing/tracking services and other services provide or supported for package processing with CPS.

9. End-User Remedies. Harvey Software's entire liability and the end-user's exclusive remedy shall be, at Harvey Software's option, either (a) return of the price paid, or (b) repair or replacement of the Licensor Product that does not meet Harvey Software's Limited Warranty. This Limited Warranty is void if failure of the Licensor Product has resulted from accident, abuse, or misapplication. Any replacement Licensor Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

10. Product Purchase Policy.  Harvey Software's terms of each sale can vary.  Any amounts received at the time of purchase for Licensor Product is not refundable once you agree to the terms of this agreement and you have downloaded and installed the Licensor Product.

11. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HARVEY SOFTWARE DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE LICENSOR PRODUCT AND ANY ACCOMPANYING WRITTEN MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

12. Confidentiality. Any information received from Harvey Software Licensed Materials, this product or Harvey Software is "Confidential Information". End-User shall (a) hold in confidence, and not disclose to any person or entity, any Confidential Information of Harvey Software; and (b) not use or disclose any of the Harvey Software Confidential Information for any purpose at any time other than for the limited purpose of performance under this Agreement. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and, with respect to Confidential Information that is not a trade secret, shall continue for so long as such information maintains its status as Confidential Information.

13. Changes to Harvey Software Services, Products and Materials.  End-User understands and acknowledges that the Harvey Software Services, Harvey Software Licensed Materials, and Harvey Software Products Systems may be updated, altered, terminated, modified or supplemented at any time.

14. Ownership and Other Rights. End-User hereby acknowledges and agrees that Harvey Software is the owner of all right, title and interest in and to the Harvey Software Licensed Materials and the Harvey Software trademarks, service marks and logos ("Harvey Software Marks"). End-User further does not acquire any right of ownership in the Harvey Software Licensed Materials or Harvey Software Marks. Harvey Software reserves all of its rights pertaining to the subject matter hereof not specifically granted herein to End-User.

15. Privacy. Any information collected by this product is kept private and confidential.  Harvey Software does not share, rent or sell our customer lists and/or information to any third party vendors without End-User permission.  The information collected by this product is used for support, billing, activation, compliance, to improve client experiences and to improve features and use.  Harvey Software has a complete privacy policy at the corporate web site available for all other forms of information collected.

16. No Liability for Consequential Damages. To the maximum extent permitted by applicable law, in no event shall Harvey Software be liable for any damages whatsoever (including, without limitation, damage for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this Harvey Software product, even if Harvey Software has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitations of liability for consequential or incidental damages, the above limitation may not apply to you. In the event a dispute arises between Harvey Software and the end user, the jurisdiction and venue for any dispute, civil action for claims, or damages shall be that of Lee County, Florida.

(At the time of installing CPS the user is required to enter "YES" that they agree or "NO" that they do not agree to this agreement. If they select "NO", they will not be able to use this product or any supported carriers or modules.)

Other agreements that may be involved in the use of CPS:

Harvey Software, Inc.
800-231-0296
FAX 828-492-0832
http://www.HarveySoft.com

Copyright (c) 1997-2023 Harvey Software, Inc. All rights reserved.
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