End user agreement for Inspector FX Home Inspection Software
This is a legal agreement between you, the end user (“Purchaser”), and New Image Software, Inc.. This software known as Inspector FX (“Software”) is licensed by New Image Software, Inc. to the original customer for use only on the terms described in the following License Agreement (“License”). Opening the disk envelop or using the Software indicates that you accept and agree to comply with these terms. If you do not agree to these terms, (a) you may return the Software along with the full product and proof of purchase to your dealer within thirty (30) days for a full refund, or (b) you may write to New Image Software, Inc. with a request to modify any term of this License. Please allow four (4) weeks for a response.
1. GRANT OF LICENSE. New Image Software, Inc. grants you a nonexclusive, personal license to use the Software as provided in this License. Except as otherwise expressly provided in this License, you may use the Software only on computer systems owned, leased or otherwise controlled by you.
2. COPYRIGHT. The Software is owned by New Image Software, Inc. or its suppliers and is protected by United States copyright law and interna- tional treaty provisions. You may either (a) make two copies of the Software solely for backup or archival purposes, provided that you reproduce all copyright and proprietary notices that are on the original copy of the Software provided to you, or (b) transfer the Software to a single hard disk, provided you keep the original solely for backup or archival purposes.
3. OTHER RESTRICTIONS. You may not rent or lease the Software to others, but you may permanently transfer the Software and Documentation provided that you retain no copies and the recipient agrees to the terms of this Agreement. You must notify New Image Software, Inc. if you permanently transfer this Software to another party. You may not modify, reverse engineer, decompile, disas- semble, or create derivative works from the Software or the Documentation.
4. TERM. This License is effective until terminated. You may terminate the License at any time by returning all copies of the Software and all Documentation to New Image Software, Inc. and by removing the Software from the memory of the computer into which the Software has been transferred. In the event that you fail to comply with any term or condition hereof, this License may be terminated by New Image Software, Inc.. In such a case, you will be provided thirty (30) days written notice requiring the return to New Image Software, Inc. of all copies (authorized or not) of both the Software and Documentation, at your expense.
5. EXPORT LAW ASSURANCES. You agree that neither the Software nor any direct product thereof is being or will be acquired, shipped, transferred, or exported, directly or indirectly, into any country prohibited by the United States Export Admini- stration Act and the regulations thereunder or will be used for any purpose prohibited by the same.
6. SEVERABILITY. If for any reason, any provision or partial provision of this License is held invalid, such invalidity shall not affect the remainder of such provision or this License, and the License shall, to the full extent consistent with law, continue in full force and effect.
7. THIRD PARTY BENEFICIARIES. If any portion of the Software has been Licensed to New Image Software, Inc. by a third party for redistribution, Licensee is hereby notified that such third party is an intended third party beneficiary of this License with full rights of enforcement.
8. GENERAL. The validity and performance of this License shall be governed by Indiana law, except for laws dealing with conflict of laws and except as to copyrights and trademarks, which are governed by United States laws and international treaties. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of Indiana. Any and all actions arising under this Agreement shall be filed and maintained only in a state or federal court of competent juris- diction sitting in Indiana, and the parties consent to the jurisdiction and venue of such courts solely for the resolution of any dispute. This License constitutes the entire agreement between the parties. Any waiver or amendment of any provision of this License shall be effective only if in writing and signed by you and an officer of New Image Software, Inc.. No distributor, dealer, or employee (other than an officer) of New Image Software, Inc. is authorized to change or amend any terms of this License. In the event of any conflict between the terms of this License and the terms of any License bound into any support materials packaged with this Software, this License shall govern.
The Purchaser understands and agrees that he/she is independent of New Image Software, Inc. and, as such, purchases this Software for his/her own use solely as a vehicle in the presentation of his/her findings to clients. Purchaser agrees to apply his/her own knowledge and skills in the preparation and use of the Software. Purchaser agrees that he/she is acting independent of New Image Software, Inc. and that the findings presented on the forms generated by this Software are his/her own, or a user under his/her employ, and not those of an agent, representative or employee of New Image Software, Inc.. Additionally, Purchaser agrees to hold harmless New Image Software, Inc., its employees, agents and successors from any and all claims, demands, obligations, liabilities, and legal actions, including arbitration, as a result of the use of this Software. Purchaser agrees to defend and indemnify New Image Software, Inc. from any and all claims, demands, obligations, liabilities and legal actions, including arbitration, from any party whatsoever as a result of the use of this Software.
9. LIMITED WARRANTY. New Image Software, Inc. warrants for a period of thirty (30) days from registration that (a) the disk(s) on which the enclosed Software is recorded will be free from defects in materials and workmanship under normal use, and (b) the Software as provided by New Image Software, Inc. and without modification by you, will substantially conform to the published specifications for the Software. New Image Software, Inc. DOES NOT warrant that the Software will meet your exacting requirements or that the operation of the Software will be uninterrupted or error-free. New Image Software, Inc. is not responsible for any problem which would otherwise be a breach of warranty caused by changes in the operating characteristics of computer hardware or computer operating systems which are made after the release of the Software as well as problems resulting from the Software interacting with other non-New Image Software, Inc. software or incident, abuse or misapplication. New Image Software, Inc.’ entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at New Image Software, Inc.’ option, refund of the purchase price, repair or replacement of the Software.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY New Image Software, Inc. AND ITS LICENSERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS, OR NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM LOCALITY TO LOCALITY.
10. LIMITATIONS, REMEDIES AND DAMAGES. In no event will New Image Software, Inc. or any of its licensers, directors, officers, managers, employees, or agents be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use of or inability to use the Software or accompanying data or written materials, regardless of the basis of the claim and even if New Image Software, Inc. or a New Image Software, Inc. representative has been advised of the possibility of such damage. New Image Software, Inc. and its licensers’ liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited to the amount of money paid for the Software that caused the damage. In order to make a claim under this warranty, you must return defective item(s) with proof of purchase. New Image Software, Inc. will have no responsibility to replace or refund the license fee of Software damaged by accident, abuse or misapplication.
THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLI- CABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITA- TION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM LOCALITY TO LOCALITY.
Should you have any questions or comments concerning this license, please write or call:
New Image Software, Inc., 11601 Pebblepointe Pass, Carmel, IN 46033, (317) 324-6996.