End user agreement for Canadian Loan Spread Calculator Pro
Canadian Loan Spread Calculator Pro, 1.8.01
Copyright (c) 1997 - 2004
By Wheatworks Software, LLC
All Rights Reserved Worldwide.
Compile Date: 07/29/2001
1. END USER LICENSE AGREEMENT
Please Read This End User License Agreement ("EULA") Carefully.
The person or entity ("you") installing Canadian Loan Spread Calculator Pro ("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 Wheatworks Software, LLC ("Wheatworks") for use only under the terms provided in this EULA. Wheatworks reserves all rights not expressly granted to you. While you own the media on which the Software is recorded, Wheatworks 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. LICENSE PROVISIONS
A. Evaluation Period
This Software is provided on a "try-before-you-buy" basis. If you have not purchased a license, this EULA permits you to run the Software only 20 times for evaluation purposes.
Your ability to use the Software after the 20-use evaluation period will be limited.
In general, after you purchase a license you may install and use the Software on up to two computers at a time, you will receive technical support, the evaluation messages on the printed reports will be removed, and you will be able to download future updates.
B. Purchased License
Your purchased license grants you a limited, non-exclusive license to do the following:
a) You may install and use the Software on up to two computers at a time. For example, you may install and use the software on a desktop computer while a family member is using it on a notebook computer.
b) After you purchase this Software you will receive a unique User Name and License Key combination which allow you to unlock the Evaluation version and create a registered version which gives you full use of the Software. You shall not publish or distribute your User Name and/or License Key by any means. If you do, your purchased license to use the Software is automatically revoked and terminated, you must remove the Software from your computer(s), and you may be liable for legal damages.
c) You may make copies of the unmodified Installation Executable (ex. CLSCSetup.exe) for distribution to another party solely for their evaluation purposes. Although the Software may not be sold, a fee of no greater than $4 (U.S. Dollars) may be charged for the service of providing the Installation Executable of this Software to others on physical, magnetic media (i.e. charging for the media and duplication services only).
d) You may transfer the Software and all rights under this EULA to another party with a copy of this EULA and all written materials accompanying the Software provided (i) you give Wheatworks notice of the transfer (including in such notice the identity of the transferee), and (ii) the other party reads and agrees to accept the terms and conditions of this EULA.
e) You may 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 (c) 1997-2004 by Wheatworks Software, LLC. All Rights Reserved Worldwide. This Software is protected under United States copyright laws and international treaty provisions. You may not distribute the registered version of APR Spread Calculator nor distribute the User Name and/or License Key code provided to you.
4. PERMISSION TO DISTRIBUTE UNREGISTERED INSTALLATION EXECUTABLE
Wheatworks encourages you to share this Software's unregistered installation executable with others. However, you may not share your User Name / License Key.
Under no circumstance does Wheatworks Software, LLC grant any party permission to wrap this installation executable within another executable, install it in conjunction with another installation executable, and/or modify, remove or add files to the installation executable as compiled and released by Wheatworks Software, LLC.
A. This Software and the related copyrights and intellectual property rights, are the exclusive property of Wheatworks 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.
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, adapt, translate, rent, lease, loan, resell, or otherwise assign the Software (except as provided in 2.B.d), or create derivative works based upon the Software or any part of the Software without the prior written consent of Wheatworks.
A. This EULA is effective until terminated and it will terminate immediately without notice from Wheatworks if you fail to comply with any of its provisions.
B. Upon termination of this EULA, Wheatworks reserves the right to take any legal action necessary to recover any damages incurred by Wheatworks.
C. Upon termination of this EULA, you shall immediately refrain from using the Software, you shall delete the Software from the computer(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.
8. 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.
9. DISCLAIMER OF WARRANTY
A. THIS SOFTWARE IS PROVIDED "AS-IS." WHEATWORKS SOFTWARE, LLC 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 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 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. Wheatworks 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.
Wheatworks 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 Wheatworks from time to time. All such Enhancements to the Software provided to you shall also be governed by the terms of this EULA. Wheatworks reserves the sole and exclusive right to set and modify its policies and prices regarding updates, upgrades and enhancements.
This EULA will be governed by and construed in accordance with the laws of the State of Louisiana, USA, and shall inure to the benefit of Wheatworks and you and their successors, assigns and legal representatives. 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. Any notices or other communications to be sent to Wheatworks must be mailed certified, postage prepaid, to the following address: Wheatworks Software, LLC, P. O. Box 7, Ruston, LA 71273.
This EULA constitutes the entire agreement between Wheatworks 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 Wheatworks.
12. GOVERNMENT USE
If the Software, including documentation, 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 and the following provisions apply. The Software and Documentation are "commercial items" as defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation" as used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227-7202 (June 1995). 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, or similar or successor provisions 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 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 Wheatworks at the address provided above.
Document Date: 09/17/2004