End user agreement for Elite Index and Concordance Creator
"Software" is defined as the Elite Concordance and Index Creator(TM) File and/or computer program with which this Software License Agreement ("Agreement") is included and any updates or maintenance releases thereto.
Elite Concordance and Index Creator is a Trademark of Elite Minds Inc. and may not be used without written permission.
The shareware version only processes the first 10 pages of a PDF document. The shareware version may be freely redistributed.
It may not be decompiled or reverse engineered in any way.
If you need to process more tan 10 pages, you can purchase the full version of this software at
License Agreement and Limited Warranty
Elite Minds Inc provides the software Elite Concordance and Index Creator under the followings conditions:
a) You will not copy, reproduce or in any way duplicate all or any part of Elite Concordance and Index Creator software, manual, or accompanying materials.
b) The software is licensed for Household or use on a single computer Only. One purchase for one computer unless a special license is purchased which allows multiple seats. This license is not transferrable and cannot be sold, given away, leased, or otherwise transferred to any individual or entity by the original product purchaser.
Businesses may install a single purchased copy of the software on a single computer for the primary use of the individual who uses that computer. The software may not be installed on multiple computers unless multiple licensed copies are purchased separately.
The software which is purchased under a single user license can be used in an Office or business as long as it is installed on only one single computer per license and that computer is primarily used by a single individual(not a public computer and the software cannot be installed in any computer that is in a public place such as a library or Internet Cafe).
The software may be transferred to another computer only after the original installation is completely removed along with the installer file from all other computers which do not have licenses to run the software.
d) Elite Minds Inc may issue multi computer licenses to businesses or schools which allow the installation of one copy on more than one machine. Installation on multiple machines without a multiple computer license invalidates the user's license and right to use the software.
The software incorporates anti-piracy measures which may affect the usability of the software. The software is sold for use on a single computer and an activation code provided for a single installation. If the user needs to re-install the software at a time more than 30 days past the purchase date, or on a different computer, the user may be required to purchase a new activation code for downloaded versions. Elite Minds Inc is not responsible for the end user's failure to make proper backup copies of downloaded files, adequate computer backups of their data, or failure to save activation codes and is not obligated to replace either beyond 30 days after the initial purchase.
This program is provided 'as is'. No others warranties are expressed or implied. In no event will Elite Minds Inc or any of its distributors, employees, or representatives be liable to you for any damages, including lost profits, lost savings or other incidental or consequential damages arising during the use or out of the use or inability to use this product.
It is the purchaser's responsibility to store any CD, installer files, or activation codes in a safe place. Elite Minds Inc reserves the right to refuse replacement of lost or damaged files, to charge for replacements, or to require customer to purchase a new license if they should lose purchased items and wish to continue using the product.
Activation codes must be used within a limited time period and will expire. This license allows for a single installation on a single computer and does not allow for the software to be transferred to other computers after the activation code expires.
Any use of the product constitutes your acceptance of the terms and conditions of this Agreement.
If you do not agree with the terms and conditions of this Agreement,
promptly return the Software and accompanying items to the place of purchase with a dated receipt for a full refund, or do not use the Software. Refund policies for retail distributors vary. We are not responsible for returns made to or purchases made from retail distributors. The retail distributor bears the sole responsibility for replacement or refund based on their policy.
If the Elite Concordance and Index Creator Software was pre-installed on
your computer, CD-ROM disk(s) ("Disk(s)") came packaged with your computer at no extra charge, or you legally received the Elite Concordance and Index Creator Software free of charge, and you do not agree with this Agreement, do not use the Elite Concordance and Index Creator Software.
License and Restrictions
A. License Grant for Software
Subject to the terms and conditions of this Agreement, you are granted a
limited non-exclusive license to use a copy of the enclosed Software on one
(1) computer. You may make one (1) backup copy of downloaded provided it is stored in a safe place and not shared with any person or entity. You may not transfer your rights to a third party, or sell the computer on which the Software is installed to a third party (collectively "Subsequent Licensee"). The software is sold and licensed to an individual and cannot be transferred. Businesses can only install one purchased copy on one single user computer unless they purchase a multiple seat license.
You agree NOT to: (1) make additional copies of the Elite Concordance and Index Creator Software except as provided above; (2) enable others to use your software for other than short demonstration purposes; (3) give copies to another person who has not purchased a license for the Elite Concordance and Index Creator Software from Elite Concordance and Index Creator; (4) install the Elite Concordance and Index Creator Software on computers used by individuals who have not purchased the appropriate licenses for the Software from Elite Minds Inc.; (5) duplicate the Elite Concordance and Index Creator Software by any other means including electronic transmission including but not limited to download services or file sharing networks; or (6) copy the printed materials or user documentation accompanying the Elite Concordance and Index Creator Software, if any.
The Elite Concordance and Index Creator Software in its entirety is protected by copyright laws. The Elite Concordance and Index Creator Software also contains the trade secrets of Elite Concordance and Index Creator and third parties, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Elite Concordance and Index Creator Software to human-perceivable form or disclose such trade secrets, or disable any functionality which limits the use of the Elite Concordance and Index Creator Software. You may not attempt to modify, adapt, translate, rent, sublicense, assign, loan, resell for profit, distribute, or network the Elite Concordance and Index Creator Software, Disk(s), or related materials or create derivative works based upon the Elite Concordance and Index Creator Software or any part thereof.
This Agreement may be terminated by Elite Minds Inc. immediately and without notice if you fail to comply with any term or condition of this Agreement. Upon such termination, you must immediately destroy all complete and partial copies of the Elite Concordance and Index Creator Software, including all backup copies. Elite Minds Inc. shall have the right to change or add to the terms of this Agreement at any time, and to change, delete, clarify, discontinue or impose conditions on any feature or aspect of the Elite Concordance and Index Creator Software (including but not limited to internet-based services, pricing, technical support options, and other product-related policies) without notice.
A shareware demo was provided for this product. This allows the end user to fully test the functionality of the program before purchasing. When a license for commercial version is purchased the purchaser and end user acknowledges he or she has fully tested the shareware demo version and is purchasing with full knowledge that the license is non refundable and as-is.
Disclaimer of Warranties
EXCEPT AS PROVIDED ABOVE, THE Elite Concordance and Index Creator SOFTWARE, DISK(S), RELATED MATERIALS, CONTENT AND/OR RELATED SERVICES ACCESSIBLE THROUGH THE Elite Concordance and Index Creator SOFTWARE, ARE PROVIDED "AS-
IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELITE MINDS INC. AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, PARTICIPATING THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS ("REPRESENTATIVES") DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE Elite Concordance and Index Creator SOFTWARE, DISK(S), RELATED MATERIALS, CONTENT AND ANY SERVICES, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, SECURITY, QUALITY, MERCHANTABILITY, OR THEIR NONINFRINGEMENT. ELITE MINDS INC. DOES NOT WARRANT THAT THE Elite Concordance and Index Creator SOFTWARE OR ANY RELATED SERVICES OR CONTENT IS SECURE, OR IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS, INCLUDING BUT NOT LIMITED TO ACCURATE CONTENT.THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH VARY FROM STATE TO STATE.
THE Elite Concordance and Index Creator SOFTWARE AND RELATED SERVICES OR CONTENT ARE DESIGNED TO OPERATE AND PROVIDE INFORMATION WITH THE UNDERSTANDING THAT ELITE MINDS INC. AND ITS REPRESENTATIVES ARE NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING OR OTHER PROFESSIONAL SERVICE. IF LEGAL ADVICE OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. ELITE MINDS INC. EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE Elite Concordance and Index Creator SOFTWARE WILL SATISFY ANY STATUTORY OR REGULATORY
OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS.
Limitation of Liability and Damages
THE ENTIRE LIABILITY OF ELITE MINDS INC. FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE Elite Concordance and Index Creator SOFTWARE LICENSED FROM ELITE MINDS INC. OR ITS AUTHORIZED RESELLER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELITE MINDS INC.
AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, HARDWARE OR SOFTWARE DAMAGE OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ELITE MINDS INC. OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THIRD PARTY CONTENT PROVIDERS ARE NOT RESPONSIBLE TO YOU FOR ANY DAMAGES OR LOSSES ARISING FROM ANY USE OF THE CONTENT. ELITE MINDS INC. AND ITS REPRESENTATIVES' TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE Elite Concordance and Index Creator SOFTWARE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF THE DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ELITE MINDS INC. AND YOU. ELITE MINDS INC. WOULD NOT HAVE BEEN ABLE TO PROVIDE THE Elite Concordance and Index Creator SOFTWARE TO YOU WITHOUT SUCH LIMITATIONS.
By installing this software or using this software: You agree not to hold Elite Minds Inc., its owners, representatives, nor employees liable for any loss or damage of any sort.
The Elite Concordance and Index Creator Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), all U.S. Government End Users acquire the Elite Concordance and Index Creator Software with only those rights set forth herein. Elite Concordance and Index Creator by Elite Minds Inc.
This Agreement sets forth Elite Minds Inc.'s and its Representatives' entire liability and your exclusive remedy with respect to the Elite Concordance and Index Creator Software. You acknowledge that this Agreement is a complete statement of the agreement between you and ELITE MINDS INC. with respect to the Elite Concordance and Index Creator Software or any related
services, and that there are no other prior or contemporaneous
understandings, promises, representations, or descriptions regarding the Elite Concordance and Index Creator Software, it's content or any related services.
This Agreement shall govern any services or content related to the Elite Concordance and Index Creator Software, unless such services or content are subject to a separate written or digital agreement between you and ELITE MINDS INC. or its Representatives. However, the limitations of liability and disclaimer of warranties in this Agreement shall apply to ELITE MINDS INC. and its Representatives with respect to such content or services except to the extent provided otherwise in a separate written agreement approved by ELITE MINDS INC. between you and ELITE MINDS INC. or the applicable Representative(s).
This Agreement does not limit any rights that Elite Minds Inc. may have under trade secret, copyright, patent, trademark or other laws. The Representatives of ELITE MINDS INC. are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on ELITE MINDS INC., other than in writing signed by an officer of Elite Minds Inc. Accordingly, such additional statements are not binding on Elite Minds Inc. and you should not rely upon such statements. If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
No delay or failure on the part of Elite Minds Inc. in the exercise of any right granted under this Agreement, or available at law or in equity, shall be construed as a waiver of such right. The validity and performance of this Agreement shall be governed by California law (without reference to choice of law principles), except as to copyright, patent and trademark matters, which are covered by federal laws. You agree to submit to the jurisdiction of the federal and state courts of Ventura County, California and waive any objection to venue in such courts. This Agreement is deemed entered into at Camarillo, California, and shall be construed as to its fair meaning and not strictly for or against either party.
Consumer Information and Privacy
For details about Elite Minds Inc.'s privacy policies, please refer to the Privacy Statement contained either in the Elite Minds Inc. website or on a website designated by Elite Concordance and Index Creator. You agree to be bound by the applicable Elite Minds Inc. and Elite Concordance and Index Creator privacy policies. Purchases by public or private schools or educational services of Elite Concordance and Index Creator may be disclosed to the public in advertising materials or on the Elite Minds Inc company website (s) unless these entities specificially request that their name not be used.
Health Information and Privacy
If you intend to use the Elite Concordance and Index Creator Software, related services and content in conjunction with the medical or health information of particular individuals, you acknowledge and agree that the Elite Concordance and Index Creator Software, related services and content are not "HIPAA-ready" or "HIPAA-compliant" and will not assist with or ensure compliance with HIPAA, and that you are solely responsible for using the Elite Concordance and Index Creator Software, related services and content in a manner consistent with all applicable federal and state privacy laws relating to medical or health information.
Elite Concordance and Index Creator and the Elite Concordance and Index Creator logo are trademarks and/or service marks licensed for exclusive use by Elite Minds Inc.
All accompanying material is wholly owned by Elite Minds Inc or public domain or abandoned rights and re-used by Elite Minds Inc. or used with express permission of the copyright or trademark holder by Elite Minds Inc. if applicable.
Copyright © 2010 Elite Minds Inc. All rights reserved. Unauthorized reproduction is a violation of applicable laws.
As of 08/01/10.