End user agreement for Check Favorites
END USER LICENSE AGREEMENT (EULA) FOR CHECK FAVORITES
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. BY ACTIVATING THE "I accept the license agreement" BUTTON AND THEN ACTIVATING THE "Next >" BUTTON, OR OTHERWISE USING ANY PART OF THE SOFTWARE, DOCUMENTATION, OR ASSOCIATED MEDIA, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "Cancel" BUTTON, AND, IF APPLICABLE, RETURN THIS PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.
The package contains software ("Software") and related explanatory written materials ("Documentation"). "Software" includes any upgrades, modified versions, updates, additions and copies of the Software. "You" means the person or company who is being licensed to use the Software or Documentation. "We" and "us" means JRTwine Software, LLC.
This Software is licensed, not sold. We hereby grant you a nonexclusive license to use one copy of the Software on any single computer, provided the Software is in use on only one computer at any time. The Software is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer-for example, a hard disk, CD-ROM or other storage device.
We remain the owner of all right, title and interest in the Software and Documentation.
COPYRIGHT, TRADEMARK, AND "MORAL RIGHT"
The Software and documentation is copyrighted by JRTwine Software. JRTwine Software's copyrights include, but are not necessarily limited to ©1997-2002 JRTwine Software, LLC. All Rights Reserved. Making unauthorized copies is prohibited by law. No part of the software or documentation may be reproduced, transmitted, transcribed, stored in a retrieval system or translated into any human or computer language without prior written permission of JRTwine Software. JRTwine Software asserts its "Moral Right" to be identified as the author of this work, in all jurisdictions that recognize the "Moral Right."
ARCHIVAL OR BACKUP COPIES
You may either:
1. make one copy of the Software solely for backup or archival purposes, or
2. transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.
THINGS YOU MAY NOT DO
The Software and Documentation are protected by United States copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material--for example a book. You may not:
1. copy the Documentation,
2. copy the Software except to make archival or backup copies as provided above,
3. modify or adapt the Software or merge it into another program,
4. reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software,
5. place the Software onto a server so that it is accessible via a pubic network such as the Internet, or
6. sublicense, rent, lease or lend any portion of the Software or Documentation.
You may transfer all your rights to use the Software and Documentation to another person or legal entity provided you transfer this Agreement, the Software and Documentation, including all copies, update and prior versions to such person or entity and that you retain no copies, including copies stored on computer.
We warrant that for a period of ninety (90) days after delivery of this copy of the Software to you:
1. that any physical media, obtained directly us, on which this copy of the Software is distributed will be free from defects in materials and workmanship under normal use, and
2. that the Software will perform in substantial accordance with the accompanying documentation.
To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION WILL APPLY TO THE FULL EXTENT POSSIBLE UNDER APPLICABLE LAW.
UNLESS OTHERWISE STATED ABOVE, THE SOFTWARE AND THE DOCUMENTATION AVAILABLE WITH THIS PUBLICATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SOFTWARE REMAINS WITH YOU. IN NO EVENT WILL JRTWINE SOFTWARE OR ANY OF ITS SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, DIRECT, INCIDENTAL OR INDIRECT DAMAGES, OR OTHER ECONOMIC OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. JRTWINE SOFTWARE RESERVES THE RIGHT TO MODIFY THIS DOCUMENT AT ANY TIME WITHOUT OBLIGATION TO NOTIFY ANYONE. IN NO EVENT SHALL JRTWINE SOFTWARE'S OR ITS SUPPLIERS' OR AFFILIATES' LIABILITY UNDER THIS AGREEMENT EXCEED THE SUM OF ANY AMOUNTS PAID HEREUNDER BY YOU TO JRTWINE SOFTWARE OR THE SUPPLIER.
Our entire liability and your exclusive remedy shall be:
1. the replacement of any media, originally obtained from us, not meeting our Limited Warranty which is returned to us or to an authorized Dealer or Distributor with a copy of your receipt, or
2. If we or an authorized Dealer or Distributor are unable to deliver replacement media that is free of defects in materials or workmanship, you may terminate this Agreement by returning the Software and Documentation and your money will be refunded.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION WILL APPLY TO THE FULL EXTENT POSSIBLE UNDER APPLICABLE LAW.
TERM AND TERMINATION
This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to either return to us or destroy all copies of the Software and Documentation in your possession.
The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCALS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
1. This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any and all prior oral or written agreements, negotiations or other dealings between us concerning the Software.
2. This license agreement may be modified only by a writing signed by you and us.
3. This EULA shall be governed by and construed under the substantive laws applicable to the state of New Hampshire, in the United States of America. If any provision of this EULA is held to be unenforceable, the remaining provisions shall remain in full force and effect.
4. You agree that this EULA is entered into at Goffstown, New Hampshire. You further agree that any legal or equitable dispute brought or arising under this Agreement shall be brought in the State and Federal courts for Goffstown, New Hampshire.
5. In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
6. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.