End user agreement for CoreProfessional 2011
LICENSE AGREEMENT FOR HOUK & SOLES INC. SOFTWARE
SOFTWARE PRODUCT: CORE
IMPORTANT - READ CAREFULLY: This Houk & Soles Inc. License Agreement ("LICENSE") is a legal agreement between you (either as an individual or as the person designated by a legal business entity as the user of this license) and Houk & Soles Inc. for the software product identified above, which includes computer software and associated media and printed materials, and may include "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT or any part thereof, you agree to be bound by the terms and conditions of this LICENSE and limited warranties and limitations of liability expressed herein. If you do not agree to the terms of this Agreement, you are not authorized to use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE
This LICENSE grants you the following personal, non-exclusive rights:
You may install the Houk & Soles, Inc SOFTWARE PRODUCT identified above on any computer of which you are the primary user. You may use SOFTWARE PRODUCT on only one computer at a time. The SOFTWARE PRODUCT is in "use" on a computer when it is loaded into temporary memory (i.e., RAM) of that computer. Solely with respect to electronic documents included with the SOFTWARE PRODUCT, you may make copies (either in hardcopy or electronic form), provided that such copies shall be only for your use and are not republished or distributed to any third party.
Except as expressly licensed to you in this Agreement, Houk & Soles, Inc retains all right, title and interest in and to SOFTWARE PRODUCT, the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, regardless of location or the form in which the copies may exist.SOFTWARE PRODUCT's structure, organization and code are the valuable trade secrets of Houk & Soles, Inc and its suppliers.
All title and copyrights in and to the SOFTWARE PRODUCT, the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Houk & Soles, Inc. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may either make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes.
4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
1.Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
2.Rental. You may not rent or lease the SOFTWARE PRODUCT.
3.Software Transfer. You may permanently transfer all of your rights under this LICENSE, provided that you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, and this LICENSE, and the recipient agrees to the terms of this LICENSE.
4.Termination. Without prejudice to any other rights, Houk & Soles, Inc may terminate this LICENSE if you fail to comply with the terms and conditions of this LICENSE. In such event, you must destroy all copies of the SOFTWARE PRODUCT.
5. USE RESTRICTIONS (EVALUATION LICENSE ONLY)
This SOFTWARE PRODUCT is licensed for evaluation purposes only. You may not redistribute any files supplied with the SOFTWARE PRODUCT. This restriction also applies to all documentation files, as well as any applications or application components that are developed using the SOFTWARE PRODUCT. You may transfer the SOFTWARE PRODUCT in it's entirety, so long as: 1. you only transfer the full content of the CD-ROM on which the SOFTWARE PRODUCT is supplied; 2. you do not alter Houk & Soles, Inc's copyright notice, license agreement, or the installation program for the SOFTWARE PRODUCT; 3. you do not change the representation of the SOFTWARE PRODUCT from it's intended license, as stated above, or make any additional representations about the capabilities or intent of the SOFTWARE PRODUCT.
This LICENSE supersedes any proposal or prior agreement, oral or written, hardcopy or electronic and any other communications relating to the subject matter of this agreement.
You may not remove, obscure, or alter any notice of patent, copyright, trademarks, trade secret or other proprietary rights in the Software.
If you acquired this product in the United States, this LICENSE is governed by the laws of the State of Michigan.
If this product was acquired outside the United States, then local law may apply.
Should you have any questions concerning this LICENSE, or if you desire to contact Houk & Soles, Inc for any reason, write: Houk & Soles, Inc. 217 Old State Road, PO Box 862, Pentwater, MI 49449; or call at 231-869-4059; or fax at 231-869-6371; or email at email@example.com.
Houk & Soles, Inc warrants that (a) the SOFTWARE PRODUCT will performsubstantially in accordance with the accompanying written materialsfor a period of ninety (90) days from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. Tothe extent allowed by applicable law, implied warranties on theSOFTWARE PRODUCT are limited to ninety (90) days.
Houk & Soles, Inc entire liability andyour exclusive remedy shall be, at Houk & Soles, Inc's option, either (a) return of the price paid, or (b) repair or replacement ofthe SOFTWARE PRODUCT that does not meet Houk & Soles, Inc's Limited Warranty and which is returned to Houk & Soles, Inc a copy of your receipt. This Limited Warranty is void if failureof the SOFTWARE PRODUCT or hardware has resulted from accident,abuse, or misapplication. Any replacement SOFTWARE PRODUCT will bewarranted for the remainder of the original warranty period or thirty(30) days, whichever is longer. Outside the United States, neitherthese remedies nor any product support services offered by Houk & Soles, Inc are available without proof of purchase from anauthorized international source.
NO OTHER WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOUK & SOLES, INC. DISCLAIMS ALL OTHER WARRANTIES,EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR APARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT, ANDANY ACCOMPANYING HARDWARE. THIS LIMITED WARRANTY GIVES YOUSPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENTSHALL HOUK & SOLES, INC. BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGESWHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSSOF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESSINFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THEUSE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF HOUK & SOLES, INC. HAS BEEN ADVISED OF THE POSSIBILITYOF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOTALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FORCONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONMAY NOT APPLY TO YOU.