CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. BY INSTALLING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THIS SOFTWARE, AND, IF APPLICABLE, RETURN THIS PRODUCT WITHIN 15 DAYS TO THE PLACE OF PURCHASE FOR A FULL REFUND.
1. LICENSE GRANT. The package (or web site download) contains software ("Software") and related explanatory written materials ("Documentation"). "Software" includes any upgrades, modified versions, updates, additions and copies of the Software. "You" means the person or company who is being licensed to use the Software or Documentation. "We" and "us" means William Horton Consulting, Inc.
We hereby grant you a nonexclusive, non-transferable, limited license to use one copy of the Software on any single computer, provided the Software is in use on only one computer at any time and only for licensee's internal business operations. The Software is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer--for example, a hard disk, CD-ROM or other storage device.
If the Software is permanently installed on the hard disk or other storage device of a computer (other than a network server) and one person uses that computer more than 80% of the time, then that person may also use the Software on a portable or home computer subject to the restrictions in this Agreement.
Please contact us at (303)545-6964 for information about obtaining a multi-user or network license.
2. TITLE. This license is not a sale. We remain the owner of all right, title and interest in the Software and Documentation.
3. ARCHIVAL OR BACKUP COPIES. You may either:
4. THINGS YOU MAY NOT DO. United States copyright laws and international treaties protect the Software and Documentation. You must treat the Software and Documentation like any other copyrighted material--for example a book. You may not:
5. LIMITED WARRANTY. We warrant that for a period of 15 days after delivery of this copy of the Software to you, the Software will perform in substantial accordance with the Documentation.
To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, or to make any additional warranties.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
6. LIMITED REMEDY. Our entire liability and your exclusive remedy shall be:
-- If we are unable to deliver a file that is free of defects and performs in substantial accordance with the Documentation, you may terminate this Agreement by returning the Software and documentation and your money will be refunded.
7. DAMAGE LIMITATIONS. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF OUR LIMITED WARRANTY AND/OR LIMITED REMEDY SHALL BE HELD INEFFECTIVE OR TO HAVE FAILED THEIR ESSENTIAL PURPOSES, OUR TOTAL LIABILITY FOR DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE LICENSE FEES PAID BY YOU FOR THE SOFTWARE LICENSED HEREUNDER.
8. TERM AND TERMINATION. This license agreement takes effect upon your use of the Software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to either return to us or destroy all copies of the Software and Documentation in your possession.
9. CONFIDENTIALITY. The Software contains trade secrets and proprietary know-how that belong to us and it is made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
10. GENERAL PROVISIONS.
(a) This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any and all prior oral or written agreements, negotiations or other dealings between us concerning the Software.
(b) This license agreement may be modified only by a writing signed by you and us.
(c) In the event of litigation or alternative dispute resolution process between us concerning the Software or Documentation or this Agreement, the prevailing party in the litigation or process will be entitled to recover attorney fees and expenses from the other party.
(d) This license agreement is governed by the laws of the state of Colorado.
(e) You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
By using this software you accept all terms and conditions of the above Willam Horton Consulting, Inc. Software License Agreement.