Billing Advantage Licensing

PLEASE READ THESE LICENSE AGREEMENT TERMS CAREFULLY BEFORE USING THE SOFTWARE ON THIS CD OR ELECTRONIC DOWNLOAD. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL THE SOFTWARE AND RETURN IT TO GCI.

  1. License. The software accompanying this License (the “Software”) is licensed to you by General Communications, Inc. (“GCI”). GCI retains title to the Software and all related documentation thereto. Under this license, you may use the Software on a single or multiple computers at your site.
  2. Restrictions.The Software contains copyrighted material, trade secrets and other proprietary material belonging to GCI. In order to protect these rights, you may not:
    1. decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form;
    2. modify, network, rent, lend, loan, distribute or create derivative works based upon the Software in whole or in part;
    3. electronically transmit the Software from one computer to another or over a network;
    4. make copies of the Software, except for use within your company; or
    5. transfer the Software to another location, or sublicense the Software to any third party.
  3. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Software, all related documentation and all copies thereof. This License will terminate immediately without notice from GCI if you fail to comply with any provision of this License. Upon termination, you must destroy the Software, all related documentation and all copies thereof.
  4. Export Law Assurance. You agree and certify that neither the Software nor any other technical data received from GCI, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States.
  5. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided “AS IS” and without warranty of any kind and GCI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. GCI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FURTHERMORE, GCI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GCI OR GCI’S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT GCI OR GCI’S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
  6. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL GCI, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF GCI OR GCI’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall GCI’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the maximum monthly retail price of the Software.
  7. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the United States and the State of Alaska, as applied to agreements entered into and to be performed entirely within Alaska between Alaska residents. 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.Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of GCI.

License Agreement Terms

PLEASE READ THESE LICENSE AGREEMENT TERMS CAREFULLY BEFORE USING THE SOFTWARE ON THIS CD OR ELECTRONIC DOWNLOAD. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL THE SOFTWARE AND RETURN IT TO GCI.

  1. License. The software accompanying this License (the “Software”) is licensed to you by General Communications, Inc. (“GCI”). GCI retains title to the Software and all related documentation thereto. Under this license, you may use the Software on a single or multiple computers at your site.
  2. Restrictions.The Software contains copyrighted material, trade secrets and other proprietary material belonging to GCI. In order to protect these rights, you may not:
    1. decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form;
    2. modify, network, rent, lend, loan, distribute or create derivative works based upon the Software in whole or in part;
    3. electronically transmit the Software from one computer to another or over a network;
    4. make copies of the Software, except for use within your company; or
    5. transfer the Software to another location, or sublicense the Software to any third party.
  3. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Software, all related documentation and all copies thereof. This License will terminate immediately without notice from GCI if you fail to comply with any provision of this License. Upon termination, you must destroy the Software, all related documentation and all copies thereof.
  4. Export Law Assurance. You agree and certify that neither the Software nor any other technical data received from GCI, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States.
  5. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided “AS IS” and without warranty of any kind and GCI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. GCI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FURTHERMORE, GCI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GCI OR GCI’S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT GCI OR GCI’S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
  6. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL GCI, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF GCI OR GCI’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall GCI’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the maximum monthly retail price of the Software.
  7. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the United States and the State of Alaska, as applied to agreements entered into and to be performed entirely within Alaska between Alaska residents. 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.
  8. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of GCI.