End user agreement for single-step goal-setting software
IMPORTANT--READ THESE TERMS CAREFULLY BEFORE INSTALLING THIS SOFTWARE.
This Agreement is a legal agreement between you (either an individual or a single entity) and Self Evident Enterprises, LLC. An amendment or addendum to this Agreement may accompany the Software.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, COPYING, OR USING THE SOFTWARE. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE WITHIN 30 DAYS FOR A FULL REFUND, IF APPLICABLE.
THE SOFTWARE PROVIDED HEREUNDER IS A TRIAL AND WILL EXPIRE AND NOT OPERATE AFTER TWENTY (20) DAYS FROM INSTALLATION. THE PURCHASE OF A SOFTWARE KEY IS REQUIRED FOR USE OF THE SOFTWARE AFTER THE TWENTY (20)-DAY TRIAL PERIOD.
LICENCE TERMS FOR single-step (for the purposes of this license document henceforth known as
1. GRANT OF LICENSE.
Self Evident Enterprises, LLC grants you the following rights provided that you comply with all terms and conditions of this Agreement:
1.1 Installation and use.
You may install and use a copy of the Software on one personal computer or other device and make one backup copy of the Software, provided that:
(i) the Software is installed on only one personal computer;
(ii) the Software is NOT modified;
(iii) all copyright notices are maintained on the Software; and
(iv) you agree to be bound by the terms of this License Agreement.
The Software and Documentation shall be used only by you, only for your own personal or internal business use and not in the operation of a service bureau or for the benefit of any other person or entity.
1.2 Alternative Rights for Storage/Network Use. As an alternative to Section 1.1(a), you may install a copy of the Software on a network storage device, such as a server computer, and allow one access device, such as a personal computer, to access and use that licensed copy of the Software over a private network. You must obtain a license to the Software for each additional device that accesses and uses the Software installed on the network storage device, except as permitted by Section 1.4 of this Agreement.
1.3 License Grant for Media Elements. The Software may include certain photographs, clip art, shapes, animations, sounds, music and video clips that are identified in the Software for your use (together "Media Elements"). You may copy and modify the Media Elements, and license, display and distribute them, along with your modifications as part of your software products and services, including your web sites, but you are not licensed to do any of the following:
• You may not sell, license or distribute copies of the Media Elements by themselves or as part of any collection, product or service if the primary value of the product or service is in the Media Elements.
• You may not grant customers of your product or service any rights to license or distribute the Media Elements.
• You may not license or distribute any of the Media Elements that include representations of identifiable individuals, governments, logos, initials, emblems, trademarks, or entities for any commercial purposes or to express or imply any endorsement or association with any product, service, entity, or activity.
• You may not create obscene or scandalous works, as defined by federal law at the time the work is created, using the Media Elements.
In addition, you must (a) indemnify and defend Self Evident Enterprises, LLC. from and against any claims or lawsuits, including attorneys’ fees that arise from or result from the licensing, use or distribution of Media Elements as modified by you, and (b) include a valid copyright notice on your products and services that include the Media Elements.
1.4 License Grant for Documentation. The documentation that accompanies the Software is licensed for internal, non-commercial reference purposes only.
1.5.1 License Grant for Templates. The Software may include document templates. You may copy and modify the document templates available as part of the Self Evident Enterprises, LLC software that accompanies this Agreement and distribute such templates along with your modifications for use by other licensees of the Software.
You are not licensed to do any of the following:
• You may not sell, resell, license, rent, lease, lend, or otherwise transfer for value, the templates.
• You may not distribute the templates available via Internet-based services as part of any product or service.
• You may not copy or post any templates available through Internet-based services on any network computer or broadcast it in any media.
You must indemnify and defend Self Evident Enterprises, LLC. against any claims or lawsuits, including attorneys’ fees, that arise from or result from the licensing or distribution of the templates as modified by you.
2. RESERVATION OF RIGHTS AND OWNERSHIP.
Self Evident Enterprises, LLC reserves all rights not expressly granted to you in this Agreement. The Software is protected by copyright and other intellectual property laws and treaties.
Self Evident Enterprises, LLC or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. This Agreement does not grant you any rights to trademarks or service marks of Self Evident Enterprises, LLC.
3. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof.
4. LINKS TO THIRD PARTY SITES.
Self Evident Enterprises, LLC is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. Self Evident Enterprises, LLC is providing these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by Self Evident Enterprises, LLC of the third-party site or service.
5. ADDITIONAL SOFTWARE/SERVICES.
This Agreement applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Self Evident Enterprises, LLC may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms. Self Evident Enterprises, LLC reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the Software.
To use Software identified as an upgrade, you must first be licensed for the software identified by Self Evident Enterprises, LLC as eligible for the upgrade. After installing the upgrade, you may no longer use the original software that formed the basis for your upgrade eligibility, except as part of the upgraded software.
You acknowledge that the Software contains proprietary trade secrets of SELF EVIDENT ENTERPRISES, LLC and you hereby agree to maintain the confidentiality of the Software using at least the same degree of care as you use to maintain the confidentiality of your own most confidential information. You agree to reasonably communicate the terms and conditions of this Software License Agreement to those persons employed by you who come into contact with the Software, and to use reasonable best efforts to ensure their compliance with such terms and conditions, including, without limitation, not knowingly permitting such persons to use any portion of the Software for the purpose of deriving the source code of the Software or defeating the Key.
8. CONSENT TO USE OF DATA.
You agree that Self Evident Enterprises, LLC and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Self Evident Enterprises, LLC may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
9. Limited Warranty
SELF EVIDENT ENTERPRISES, LLC WARRANTS FOR A PERIOD OF THIRTY (30) DAYS AFTER PURCHASE THAT THE SOFTWARE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION. Self Evident Enterprises, LLC warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt.
If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.
SHOULD THE SOFTWARE NOT SO OPERATE, YOUR EXCLUSIVE REMEDY, AND SELF EVIDENT ENTERPRISES, LLC.'S SOLE OBLIGATION UNDER THIS WARRANTY, SHALL BE, AT SELF EVIDENT ENTERPRISES, LLC.'S SOLE DISCRETION, CORRECTION OF THE DEFECT OR REFUND OF THE PURCHASE PRICE PAID FOR THE SOFTWARE. ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY SELF EVIDENT ENTERPRISES, LLC REGARDING THE SOFTWARE. EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE SOFTWARE IS PROVIDED 'AS IS'. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELF EVIDENT ENTERPRISES, LLC DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SELF EVIDENT ENTERPRISES, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE
SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
Except for any refund elected by Self Evident Enterprises, LLC, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet Self Evident Enterprises, LLC’s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction.
To exercise your remedy, contact:
Self Evident Enterprises, LLC
P.O. Box 373
Wylie, TX 75098-0373
10. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Self Evident Enterprises, LLC. and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Self Evident Enterprises, LLC and any of its suppliers under any provision of this Agreement and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by Self Evident Enterprises, LLC with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software or US$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 16, 17 and 18) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
11. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SELF EVIDENT ENTERPRISES, LLC. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF SELF EVIDENT ENTERPRISES, LLC OR ANY SUPPLIER, AND EVEN IF SELF EVIDENT ENTERPRISES, LLC OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This License Agreement is effective until it is terminated. You may terminate this License Agreement at any time by destroying or returning to Self Evident Enterprises, LLC all copies of the Software and Documentation in your possession or under your control. Self Evident Enterprises, LLC may terminate this License Agreement for any reason, including, but not limited to, if Self Evident Enterprises, LLC finds that you have violated any of the terms of this License Agreement. In such event, you must destroy all copies of the Software and all of its component parts. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Software License Agreement.
13. APPLICABLE LAW.
This License Agreement shall be construed, interpreted and governed by the laws of the Colin County, Texas without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate national/federal or state court sitting in Texas, United States. This License Agreement shall constitute the entire Agreement between the parties hereto.
Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably represent the intention of the parties.
14. ENTIRE AGREEMENT; SEVERABILITY.
This AGREEMENT (including any addendum or amendment to this Agreement which is included with the Software) is the entire agreement between you and Self Evident Enterprises, LLC relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this Agreement. To the extent the terms of any Self Evident Enterprises, LLC policies or programs for support services conflict with the terms of this Agreement, the terms of this Agreement shall control. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
15. SEPARATION OF COMPONENTS.
The Software is licensed as a single product. Its component parts may not be separated for use on more than one device.
16. SOFTWARE TRANSFER.
You may transfer your copy of the Software to a different device. After the transfer, you must completely remove the Software from the former device. If you are the person who initially licensed the Software, you may make a one-time permanent transfer of this Agreement and Software to another end user, provided that you do not retain any copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades, this Agreement, and, if applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the Agreement terms.
The following SELF EVIDENT ENTERPRISES, LLC GUARANTEE applies to you if you acquired this Software in any country other than the USA:
Statutory rights not affected - The following guarantee is not restricted to any territory and does not affect any statutory rights that you may have from your reseller or from Self Evident Enterprises, LLC if you acquired the Software directly from Self Evident Enterprises, LLC.
The guarantee - The Software is designed and offered as general-purpose software, not for any user’s particular purpose. You accept that no Software is error free and you are strongly advised to back-up your files regularly. Provided that you have a valid license, Self Evident Enterprises, LLC guarantees that
a) for a period of 90 days from the date of receipt of your license to use the Software or the shortest period permitted by applicable law it will perform substantially in accordance with the written materials that accompany the Software; and
b) any support services provided by Self Evident Enterprises, LLC. shall be substantially as described in applicable written materials provided to you by Self Evident Enterprises, LLC and Self Evident Enterprises, LLC support engineers will use reasonable efforts, care and skill to solve any problem issues. In the event that the Software fails to comply with this guarantee, Self Evident Enterprises, LLC. will either (a) repair or replace the Software or (b) return the price you paid. This guarantee is void if failure of the Software results from accident, abuse or misapplication.
Any replacement Software will be guaranteed for the remainder of the original guarantee period or 30 days, whichever period is longer. You agree that the above guarantee is your sole guarantee in relation to the Software and any support services.
Exclusion of All Other Terms - To the maximum extent permitted by applicable law and subject to the guarantee above, Self Evident Enterprises, LLC. disclaims all warranties, conditions and other terms, either express or implied (whether by statute, common law, collaterally or otherwise) including but not limited to implied warranties of satisfactory quality and fitness for particular purpose with respect to the Software and the written materials that accompany the Software. Any implied warranties that cannot be excluded are limited to 90 days or to the shortest period permitted by applicable law, whichever is greater.
Limitation of Liability - To the maximum extent permitted by applicable law and except as provided in the Self Evident Enterprises, LLC Guarantee, Self Evident Enterprises, LLC and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of the use or inability to use the Software, even if Self Evident Enterprises, LLC has been advised of the possibility of such damages. In any case Self Evident Enterprises, LLC’s entire liability under any provision of this Agreement shall be limited to the amount actually paid by you for the Software. These limitations do not apply to any liabilities that cannot be excluded or limited by applicable laws.
Should you have any questions concerning this Agreement, or if you desire to contact Self Evident Enterprises, LLC for any reason, please use the address information enclosed in this Software visit Self Evident Enterprises, LLC on the World Wide Web at http://www.selfevidententerprises.com.
Self Evident Enterprises, LLC
P.O. Box 540862
Wylie, TX 75354