End user agreement for MoneyToys Mortgage Qualifier
MoneyToys(tm) Mortgage Qualification Calculator, 2.1.1
Compile Date: 04/02/2010
Copyright (c) 1997-2010 by Wheatworks Software, LLC
All Rights Reserved Worldwide.
This program is protected by U.S. and International Copyright Laws.
MoneyToys.com is a Division of Wheatworks Software, LLC
Post Office Box 7, Ruston, LA 71273 USA
NOTICE: PLEASE READ THIS DOCUMENT CAREFULLY. THE INDIVIDUAL OR ENTITY INSTALLING THIS SOFTWARE ("YOU") AGREES TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY DELETE THE SOFTWARE.
MoneyToys(tm) financial calculator applets ("SOFTWARE") and accompanying documentation are provided to YOU by Wheatworks Software, LLC ("LICENSOR") for use only under the following terms. LICENSOR reserves any right not expressly granted to YOU. YOU own the media on which the SOFTWARE is recorded, but LICENSOR retains ownership of all copies of the SOFTWARE itself. YOU assume sole responsibility for the installation, use and results obtained from use of the SOFTWARE.
1. GRANT OF LICENSE.
YOU are granted a limited, non-exclusive LICENSE to do only the following:
a) Install and maintain the SOFTWARE on a single web presence ("SITE") herein defined as an Internet or Intranet site maintained by YOU which creates an Internet or Intranet presence for either YOU or ONE of your clients. Each unique Internet domain or sub-domain is considered a different SITE. In addition, each unique client Internet site or business Internet site or other branded Internet site created either dynamically or statically by YOU within an Internet domain or sub-domain is considered a unique SITE. YOU shall not make any other use of the SOFTWARE without prior written permission of LICENSOR.
b) YOU may copy, in whole or in part, the SOFTWARE in machine readable form on magnetic media, only in those cases in which this should prove necessary for purposes of back-up and recovery in case of break-down, provided however that such copies shall be used solely on said single SITE.
c) Aside for the provision in b) above, YOU shall not duplicate or distribute the SOFTWARE, in whole or in part, in any form or format whatsoever without the prior written permission of LICENSOR. YOU shall not sell, loan, transfer or license the SOFTWARE or otherwise assign any rights under this Agreement to any third party without the prior written permission of LICENSOR. If YOU wish to produce a product for retailing or other purposes using the SOFTWARE, a separate licensing agreement shall be required and may be negotiated with LICENSOR to authorize the development and/or sale of such derivative product.
d) You agree that you shall only use the SOFTWARE in a manner that complies with all applicable laws in the jurisdiction(s) in which you use the SOFTWARE, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
This SOFTWARE and documentation is Copyright (c) 1997-2010 by Wheatworks Software, LLC. All Rights Reserved Worldwide. This SOFTWARE is protected under United States copyright laws and international treaty provisions.
a) This SOFTWARE and the related copyrights and intellectual property rights, are the exclusive property of LICENSOR and/or its suppliers. YOU acquire no title, right or interest in the SOFTWARE other than the license rights granted herein.
b) Moneytoys.com is a trademark of Wheatworks Software, LLC. Java and all Java-based marks are trademarks or registered trademarks of Sun Microsystems, Inc. in the United States and other countries. Wheatworks Software, LLC is independent of Sun Microsystems, Inc.
c) YOU shall not remove from the SOFTWARE any trademark, tradename, copyright notice or other notice, and shall be responsible for their preservation on the copies received hereunder and for their reproduction on any backup copy of the SOFTWARE or on any portion of the SOFTWARE merged into other programs or SITES.
d) If you receive the first copy of the SOFTWARE electronically and a second copy on physical media (e.g., CD, diskette, etc.), the second copy may be used for archival purposes only and may not be transferred to or used by any other individual or entity.
a) YOU may NOT sublicense, or assign copies of the SOFTWARE to others. The SOFTWARE contains trade secrets. YOU may NOT decompile, reverse engineer, disassemble, or otherwise reduce the SOFTWARE to a human readable form. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, OR OTHERWISE ASSIGN OR TRANSFER THE SOFTWARE, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF without the prior written consent LICENSOR.
b) YOU shall not display this SOFTWARE on a SITE without including the following HTML code on the web page which displays this SOFTWARE on your SITE:
DISCLAIMER: There is NO WARRANTY, express or implied, for the accuracy of this information or its applicability to your financial situation. Please consult your own financial advisor.
5. PROTECTION AND SECURITY.
YOU agree to use YOUR best efforts and to take all reasonable steps to safeguard the SOFTWARE to ensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution in whole or in part, in any form, shall be made. YOU acknowledge that the SOFTWARE contains valuable confidential information and trade secrets and that unauthorized use and/or copying are harmful to LICENSOR.
a) This License is effective until terminated. This License will terminate immediately without notice from LICENSOR if YOU fail to comply with any of its provisions. LICENSOR may immediately revoke and terminate the license granted hereunder by providing written notice to YOU if any of the following events occur: breach by YOU of any provisions of this License; non-payment by YOU in due time of any sum due from YOU in consideration of delivery and license of the SOFTWARE.
b) Upon termination of the license granted hereunder, LICENSOR reserves the right to take any legal action necessary to recover any damages incurred by LICENSOR.
b) Upon termination of the license granted hereunder, YOU shall immediately refrain from using the software, YOU shall delete the SOFTWARE from the server(s) upon which it has been installed by YOU and/or your agents, and you shall destroy the SOFTWARE and all copies thereof.
7. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY WHETHER IN TORT CONTRACT OR OTHERWISE SHALL WHEATWORKS SOFTWARE, LLC, ITS AGENTS, SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF WHEATWORKS SOFTWARE, LLC SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY. FURTHER, IN NO EVENT SHALL WHEATWORKS SOFTWARE, LLC'S LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT EXCEED THE LICENSE FEE PAID TO WHEATWORKS SOFTWARE, LLC FOR THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. DISCLAIMER OF WARRANTY
a) THIS SOFTWARE IS PROVIDED "AS-IS." WHEATWORKS SOFTWARE, LLC MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS SOFTWARE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ITS QUALITY, PERFORMANCE, OR MERCHANTABILITY. IN PARTICULAR, IT IS NOT GUARANTEED TO PREVENT OR DETECT DAMAGE TO YOUR DATA OR PROGRAMS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ( AND NOT WHEATWORKS SOFTWARE, LLC OR ITS AGENTS, SUPPLIERS, DISTRIBUTORS OR DEALERS ) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIRS OR CORRECTION.
b) Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. If any provision of this License is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
c) LICENSOR 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.
From time to time LICENSOR may, in its sole discretion, advise YOU of updates, upgrades, enhancements or improvements to the SOFTWARE and/or new releases of the SOFTWARE (collectively, "ENHANCEMENTS"), and may license YOU to use such ENHANCEMENTS upon payment of prices as may be established by LICENSOR from time to time. All such ENHANCEMENTS to the SOFTWARE provided to YOU shall also be governed by the terms of this License or by amendments to this License as provided with such ENHANCEMENTS.
This License will be governed by and construed in accordance with the laws of the State of Louisiana, USA, and shall inure to the benefit of LICENSOR and YOU and their successors, assigns and legal representatives. If any provision of this License is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect.
This License Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly cancelled and superseded. This Agreement may not be changed or amended except by a written instrument executed by a duly authorized officer of LICENSOR.
Any notices or other communications to be sent to LICENSOR must be mailed first class, postage prepaid, to the following address: Wheatworks Software, LLC, P. O. Box 7, Ruston, LA 71273.
12. GOVERNMENT USE.
If SOFTWARE is licensed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), it is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Wheatworks Software, LLC, Post Office Box 7, Ruston, Louisiana, United States of America, 71273-0007.
BY INSTALLING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. Should YOU have any questions concerning this License, contact LICENSOR at the address set forth above.