End user agreement for WorkPapers Lite - Windows
LICENSE AGREEMENT, COPYRIGHTS, & TRADEMARKS
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT
("LICENSE") CAREFULLY BEFORE USING THE WORKPAPERS SOFTWARE. BY USING THE
WORKPAPERS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS
LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL
OR USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU
MAY RETURN THE WORKPAPERS SOFTWARE TO THE PLACE WHERE YOU
OBTAINED IT FOR A REFUND. IF THE WORKPAPERS SOFTWARE
WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE/DECLINE". FOR
WORKPAPERS SOFTWARE INCLUDED WITH YOUR PURCHASE OF HARDWARE, YOU
MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO
OBTAIN A REFUND.
IMPORTANT NOTE: This software may be used to reproduce materials. It
is licensed to you only for reproduction of non-copyrighted materials, materials in which
you own the copyright, or materials you are authorized or legally permitted to reproduce. If
you are uncertain about your right to copy any material, you should contact your legal advisor.
The software, documentation and any supporting documents accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "WORKPAPERS Software") are licensed, not sold, to you by Bizolutions ("WORKPAPERS") for use only under the terms of this License, and WORKPAPERS reserves all rights not expressly granted to you. The rights granted herein are limited to WORKPAPERS' and its licensors'
intellectual property rights in the WORKPAPERS Software and do not include any other patents or intellectual property rights. You own the media on which the WORKPAPERS Software is recorded but WORKPAPERS and/or WORKPAPERS' licensor(s) retain ownership
2. Permitted License Uses and Restrictions.
This License allows you to install and use one copy of the WORKPAPERS Software on a single computer at a time. This License does not allow the WORKPAPERS Software to exist on more than one computer at a time, and you may not make the WORKPAPERS Software available over a network where it could be used by multiple computers at the same time. This License does not allow you to separate the component parts of the WORKPAPERS Software for use on more than one computer. The WORKPAPERS Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.
You may make one copy of the WORKPAPERS Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
The WORKPAPERS Software may contain numerous supporting documents (collectively known hereafter as "Supporting Documents") that are either owned by WORKPAPERS or licensed from a third party. All such Supporting Documents will be appropriately marked as copyright and are for your own personal use.
You may NOT resell, sublicense or otherwise make available the Supporting Documents for use or distribution. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or
create derivative works of the WORKPAPERS Software or any part thereof. THE WORKPAPERS SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE WORKPAPERS SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
You may not rent, lease, lend or sublicense the WORKPAPERS Software including Supporting Documents. You may, however, make a one-time permanent transfer of all of your license rights to the WORKPAPERS Software to another party, provided that: (a) the transfer must include all of the WORKPAPERS Software, including all its component parts, original media, printed materials, Supporting Documents and this License; (b) you do not retain any copies of the WORKPAPERS Software, full or partial, including copies stored on a computer or other
storage device; and (c) the party receiving the WORKPAPERS Software reads and agrees to accept the terms and conditions of this License. All components of the WORKPAPERS Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications or components.
If a WORKPAPERS Software update completely replaces (full install) a previously licensed version of the WORKPAPERS Software, you may not use both versions of the WORKPAPERS Software at the same time nor may you transfer them separately.
NFR (Not for Resale) Copies:
Notwithstanding other sections of this License, WORKPAPERS Software labeled or
otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.
If the WORKPAPERS Software package has an academic label or if you acquired the WORKPAPERS Software at an academic discount, you must be an Eligible Educational End User to use the WORKPAPERS Software. "Eligible Educational End Users" means students, faculty, staff and administration attending and/or working at an educational institutional facility (i.e., college campus, public or private K-12 schools).
This License is effective until terminated. Your rights under this License will terminate automatically without notice from WORKPAPERS if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the WORKPAPERS Software and destroy all copies, full or partial, of the WORKPAPERS Software.
5. Limited Warranty on Media.
WORKPAPERS warrants the media on which the WORKPAPERS Software is recorded and delivered
by WORKPAPERS to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at WORKPAPERS' option, a refund of the purchase price of the product containing the WORKPAPERS Software or replacement of the WORKPAPERS Software which
is returned to WORKPAPERS or an WORKPAPERS authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.
6. Disclaimer of Warranties.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WORKPAPERS SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE WORKPAPERS SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WORKPAPERS AND WORKPAPERS' LICENSORS (COLLECTIVELY REFERRED TO AS "WORKPAPERS" FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WORKPAPERS SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WORKPAPERS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WORKPAPERS SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE WORKPAPERS SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WORKPAPERS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WORKPAPERS SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WORKPAPERS OR AN
WORKPAPERS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE WORKPAPERS SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
WORKPAPERS has no obligation to issue any updates, revisions, corrections, new versions or
documentation for the WORKPAPERS Software or otherwise to support the WORKPAPERS Software.
WORKPAPERS reserves the right at any time to alter prices, features, specifications,
capabilities, functions, licensing terms, release dates, general availability or other
characteristics of the WORKPAPERS Software.
7. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WORKPAPERS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION
OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WORKPAPERS SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WORKPAPERS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall WORKPAPERS' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of the price you paid or fifty dollars ($50.00), whichever is lower. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. Export Law Assurances.
You may not use or otherwise export or re-export the WORKPAPERS Software except as authorized
by United States law and the laws of the jurisdiction in which the WORKPAPERS Software was obtained. In particular, but without limitation, the WORKPAPERS Software may not be exported or re-exported (a)into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria), or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the WORKPAPERS Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
9. Government End Users.
The WORKPAPERS Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and
"Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or
48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.
10. Controlling Law and Severability.
This License will be governed by and construed in accordance with the laws of the State of Utah, as applied to agreements entered into
and to be performed entirely within Utah between Utah residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
11. Complete Agreement; Governing Language.
This License constitutes the entire agreement between the parties with respect to the use of the WORKPAPERS Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by WORKPAPERS. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
c 2004 Bizolutions. All rights reserved. WORKPAPERS is a trademark of Bizolutions. Mac, the Mac logo, Mac OS X, Macintosh, iPod, and iPod mini are trademarks of Apple Computer, Inc. All
other trademarks, registered trademarks, service names, product and/or brand names are the sole property of their respective owners.
Windows and the Windows logo are trademarks of Microsoft Corporation.