End-User License Agreement for INTEGRATE2000 (“Software”)
Copyright © 1999-2007 PlanWare, Inc. (“Company”)
All Rights Reserved
PRODUCT DESCRIPTION:
INTEGRATE2000 is an integrated financial planning software product offered with documentation. INTEGRATE2000 runs in conjunction with Microsoft Windows, Microsoft Excel (Version 2000 or later), and Microsoft Word (Version 2000 or later or any other word processor capable of reading Word .doc files). INTEGRATE2000 offers integration of basic client analyses and related exhibits.
AGREEMENT. After reading this agreement carefully, if you (the company purchasing the Software which shall be referred to as the “Customer”) do not agree to all of the terms of this agreement, you may not use this Software. Unless you have a different license agreement signed by Company that covers this copy of the Software, your use of this Software indicates your acceptance of this license agreement and warranty. All updates to the Software shall be considered part of the Software and subject to the terms of this Agreement. Changes to this Agreement may accompany updates to the Software, in which case by installing such update Customer accepts the terms of the Agreement as changed. The Agreement is not otherwise subject to addition, amendment, modification, or exception unless in writing signed by an officer of both Customer and Company. This Software is owned by Company and is protected by national copyright laws and international copyright treaties.
SOFTWARE REQUIREMENTS AND SUPPORT. This Software may not be used by Customer unless Customer is a licensed user of Microsoft Windows, Microsoft Excel and Microsoft Word. Company provides no support for Microsoft programs used in conjunction with INTEGRATE2000 but intends to provide support for INTEGRATE2000 at Customer’s expense.
GRANT OF LICENSE AND PROHIBITIONS. This Software is licensed to Customer. Customer is not obtaining title to the Software or any copyrights. Customer may not sublicense, rent, lease, convey, modify, translate, convert to another programming language, decompile, or disassemble the Software for any purpose. The license may be transferred if Customer keeps no copies of the Software. Users in addition to Customer’s Primary Contact, as identified in the accompanying INTEGRATE2000 Order/Registration Form, are not authorized to use the Software other than as employees of the Customer providing a service to clients of the Customer. Users in addition to Customer’s Primary Contact who do not meet both of these criteria must pay for and obtain their own licenses to use the Software.
USE. Customer may use one copy of this Software on up to three Customer computers, including laptops or portable devices, and/or three server workstations. A copy of this Software is considered in use when loaded into temporary memory (i.e., RAM) and/or installed on a permanent storage device (i.e., hard disk, CD-ROM, etc.).
MULTI-COMPUTER LICENSES. If this is a multi-computer or network license, you may make, install, and use additional copies of this Software up to the number of copies authorized in your registration documentation.
LIMITED WARRANTY. THE SOFTWARE IS PROVIDED AS IS AND COMPANY DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER COMPANY NOR ANYONE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL COMPANY’S LIABILITY FOR ANY DAMAGES EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. COMPANY SPECIFICALLY DISCLAIMS ALL SOFTWARE INFORMATION AND CALCULATIONS CONCERNING CURRENT TAX LAWS AND CHANGES. COMPANY SHALL NOT BE REQUIRED TO PROVIDE UPDATES.
TERMINATION. This Agreement terminates (without refund of the license price) on the date of the earlier of the one-year anniversary of the delivery of the software and of the first occurrence of either of the following events: (1) The expiration of one (1) month from written notice of termination from Customer to Company; or (2) One party breaches any terms of this Agreement or any terms of any other agreement between Customer and Company, that are either uncorrectable or that the breaching party fails to correct within one (1) month after notification by the other party.
GOVERNING LAW. The agreement shall be governed by the laws of the State Maryland. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a state or federal court of competent jurisdiction located in Bestheda County, Maryland. The parties hereby consent to the personal jurisdiction of such courts.