End user agreement for Mortgage calculators collection
When you purchase Mortgage-Site-Tools calculators for your web site(s), you will receive a license which grants you permission to install the calculators on your web site(s). The text of the license or End User License Agreement ('EULA'), which will also be provided with the software and installation instructions, is provided below.
Copyright © 2004-2006
All Rights Reserved Worldwide.
1. END USER LICENSE AGREEMENT
Please Read This End User License Agreement ('EULA') Carefully.
The person or entity ('You') installing Mortgage-Site-Tools calculator scripts ('Software') agrees to be bound by the terms of this EULA. If You are unwilling or unable to fully accept these conditions, then, notwithstanding the conditions in the remainder of this EULA, You may not use the Software at all.
While effort was made to ensure the accuracy of the calculations performed by this Software, there is NO WARRANTY, expressed or implied, for the accuracy or applicability of the results generated by this Software to your particular financial situation. Please consult your own financial advisor before making any financial decisions.
This Software and its accompanying documentation are provided to You by Mortgage-Site-Tools ('Vendor') for use only under the terms provided in this EULA. Vendor reserves all rights not expressly granted to You. While You own the media on which the Software is recorded, Vendor retains ownership of the Software itself. You assume sole responsibility for the installation, use and results You obtain from your use of the Software.
2. GRANT OF LICENSE
This purchased license grants You a limited, non-exclusive license to do the following:
A. If You purchase Standard version of Software, you may Install and maintain the Software on a single domain ('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 Vendor. If you have purchased an Enterprise version of Software, you are granted to Install and maintain the Software on as much Sites as you need.
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 Site failure.
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 Vendor. You shall not sell, loan, transfer or license the Software or otherwise assign any rights under this EULA to any third party without the prior written permission of Vendor. 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 Vendor 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 is Copyright © 2004-2005 by Mortgage-Site-Tools. All Rights Reserved Worldwide. This Software is protected under United States copyright laws and international treaty provisions.
Under no circumstance does Mortgage-Site-Tools grant any party permission to wrap this Software within an executable, install it in conjunction with another installation executable, and/or modify the Software's archive as compiled and released by Mortgage-Site-Tools.
A. This Software and the related copyrights and intellectual property rights, are the exclusive property of Vendor and/or its suppliers. You acquire no title, right or interest in the Software other than the rights granted in this EULA.
B. 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. You may remove the link to Vendor's site ONLY when you purchase full Enterprise license.
C. 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. This 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, translate, rent, lease, loan, resell, or otherwise assign the Software without the prior written consent of. Hovewer, if You purchased Enterprise version of the Software, you may create derivative works based upon the Software without the prior written consent of Vendor.
B. You shall not display this Software on a Site without including the following text on the web page which displays this Software:
DISCLAIMER: There is NO WARRANTY, expressed or implied, for the accuracy of this information or
it's applicability to your financial situation. Please consult your own financial advisor.
A. This EULA is effective until terminated and it will terminate immediately without notice from Vendor if You fail to comply with any of its provisions.
B. Upon termination of this EULA, Vendor reserves the right to take any legal action necessary to recover any damages incurred by Vendor.
C. Upon termination of this EULA, You shall immediately refrain from using the Software, You shall delete the Software from the site/computer(s)/server(s) upon which it has been installed by You and/or your agents, and You shall delete the Software from the media upon which it is recorded.
D. The limitations on liability and disclaimer of warranty contained in this EULA shall continue in force even after your rights to use the Software are terminated.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY WHETHER IN TORT CONTRACT OR OTHERWISE SHALL MORTGAGE-SITE-TOOLS, 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 MORTGAGE-SITE-TOOLS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY. FURTHER, IN NO EVENT SHALL MORTGAGE-SITE-TOOLS LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT EXCEED THE LICENSE FEE PAID TO MORTGAGE-SITE-TOOLS 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 ON 'AS-IS' BASIS.MORTGAGE-SITE-TOOLS MAKES NO WARRANTIES, EITHER EXPRESSED 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 NOR ARE THE ACCURACY AND/OR APPLICABILITY OF THE CALCULATED RESULTS GENERATED BY THIS SOFTWARE GUARANTEED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT MORTGAGE-SITE-TOOLS 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 EULA shall 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. Vendor 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.
Vendor 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 Vendor from time to time. All such Enhancements to the Software provided to You shall also be governed by the terms of this EULA. Vendor reserves the sole and exclusive right to set and modify its policies and prices regarding updates, upgrades and enhancements.
If any provision of this EULA 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, the enforceability of the remaining provisions shall in no way be affected or impaired thereby and the remaining provisions of this License will remain in full force and effect.
This EULA constitutes the entire agreement between Vendor and You with respect to the subject matter hereof, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly cancelled and superseded. This EULA may not be changed or amended except by a written instrument executed by a duly authorized officer of Vendor.
BY INSTALLING THIS SOFTWARE, YOU ACKNOWLEDGE THAT You HAVE READ THIS END USER LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. Should You have any questions concerning this EULA, contact Vendor.