End user agreement for Drill-Down Tally 2007 (Enterprise Server Edition)
IntelliRel, LLC Software License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT, HEREINAFTER REFERRED TO AS ("LICENSE"), CAREFULLY BEFORE USING THE SOFTWARE. BY INSTALLING AND USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE FOR BOTH PAID AND UNPAID INSTALLS. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY DESTROY ANY COPIES WHICH YOU HAVE MADE.
The software License whether on disk, CD, downloaded from the Internet or on any other media and the software upgrades (collectively and hereinafter referred to as ("Software")) are only licensed to you, not sold to you. You own the media on which the Software is recorded but the Manufacturer and/or its licensor(s) retain title to the Software. The Software in this package and any copies which this License authorizes you to make are subject to this License.
2. PERMITTED USES AND RESTRICTIONS
This License allows you to install and use the Software on a single computer at a time. This License does not allow the Software to exist on more than one computer at a time. You may make one copy of the Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as permitted by applicable law and this License, you may not decompile, disassemble, reverse engineer, modify, distribute, lease, rent, loan, create derivative works from the Software or transmit the Software over a network. You may, however, transfer your rights under this License provided you transfer the related documentation. You or the new party pays the additional License fee for each computer. We must be informed in writing of the transfer and a copy of the Software to a party who agrees to accept the terms of this License and destroy any other copies of the Software in your possession. You are not allowed monetary compensation or profit for training anyone without paying the going monthly rate (currently $250 a month) and the going per individual student or trainee fee (currently $5 per student or trainee). You must be certified by IntelliRel, LLC as an Authorized Training Center or Representative before providing training for monetary profit or monetary compensation. Companies are only allowed to train their own employees without monetary profit or monetary compensation. Your rights under this License will terminate automatically without notice if you fail to comply with any term(s) of this License.
3. CONFIDENTIAL DISCLOSURE
This software contains trade secrets and proprietary know-how belonging to the Manufacturer and its partners and it is being made available to you in strict confidence. Any disclosure or use of this software, or its protocols, algorithms, or interfaces, other than in strict accordance with this license agreement, may be deeded as a violation of the Manufacturer's trade secret rights and actionable recourse shall be taken.
4. DISCLAIMER OF WARRANTY ON SOFTWARE
You expressly acknowledge and agree that use of the Software is at your sole risk. The Software is provided "AS IS" and without warranty of any kind and the Manufacturer and any licensor(s) expressly disclaim all warranties and/or conditions, implied or expressed, including, but not limited to, the implied warranties and/or conditions of merchantability or satisfactory quality and durability for a particular purpose. The manufacturer does not warrant that the functions contained in the Software will meet your requirements, or that the operation of the Software will be error-free or uninterrupted, or that defects in the Software will be corrected. Furthermore, the manufacturer does not warrant or make any representations regarding the use or the results of the use of the Software or related documentation in terms of their reliability, accuracy, correctness or otherwise. No written or oral information or advice is given by the manufacturer or any authorized representative shall create a warranty of any kind. Should the Software prove defective, you (and not the Manufacturer or any authorized Representative) assume the entire cost of all necessary correction, servicing or repair. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
5. LIMITATION OF LIABILITY
Under no circumstances, including negligence, shall the manufacturer be liable for any indirect, incidental, consequential or special damages arising out of or relating to this License. In no event shall the manufacturer's total liability to Licensee for all damages exceed the amount paid for this License to the Software. Some jurisdictions do not allow the limitation of incidental or consequential damages so this limitation may not apply to you.
6. EXPORT LAW ASSURANCES
By using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, or under the control of, a national or resident or resident of any such country or on any of the following lists in this section. Licensee acknowledges that none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported into or to a national or resident of Cuba, Iran, Iraq, Libya, North Korea, Syria, Yugoslavia or any other country to which the U.S. has embargoed goods; or anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.
7. GOVERNMENT END USERS
The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. The Manufacturer is IntelliRel, LLC. 11563 W. Buchanan Street, Avondale, Arizona 85323.
8. CONTROLLING LAW AND SEVERABILITY
If there is a local subsidiary of the Manufacturer in the country in which the Software License was purchased, then the local law in which the subsidiary sits shall govern this License. Otherwise, this License shall be governed by the laws of the United States and the State of Arizona. 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.
9. COMPLETE AGREEMENT
This License constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all contemporaneous or prior understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by the Manufacturer.
This install software, including any accompanying documentation (the "Software"), is provided to you at no additional charge. Microsoft Corporation owns all rights, title, and interest in and to the Software. The user assumes the entire risk as to the accuracy and the use of the Software.
Copyright (C) 1997-2007 Microsoft Corporation. Microsoft and/or its suppliers, One Microsoft Way, Redmond, Washington 98052-6399 U.S.A. All rights reserved.
Drill-Down Tally Copyright (C) 1999-2007 IntelliRel, LLC. 11563 W. Buchanan Street, Avondale, Arizona 85323 U.S.A. All rights reserved.
TRADEMARKS. Microsoft, Windows, Windows NT, MSN, The Microsoft Network and/or other Microsoft products referenced herein are either trademarks or registered trademarks of Microsoft. Other company and product names mentioned herein may be the trademarks of their respective owners.
The names of companies, products, data, characters and/or people mentioned herein are fictitious and are in no way intended to represent any real company, product, individual or event, unless otherwise noted.
NO WARRANTY. THE SOFTWARE IS PROVIDED "AS-IS," WITHOUT WARRANTY OF ANY KIND, AND ANY USE OF THIS SOFTWARE PRODUCT IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND/OR DURABILITY FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. MICROSOFT'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS EULA SHALL NOT EXCEED FIVE US DOLLARS (US $5.00).
The following conditions also apply to your use of the Software:
The Software may be copied and distributed internally only, subject to the following conditions: All text must be copied without modification and all pages must be included; If software is included, all files on the disk(s) must be copied without modification. All components of this Software must be distributed together and this Software may not be distributed to any third party.
The Software is designed to provide accurate and authoritative information with regard to the subject matter covered. It is sold with the understanding that the Publisher and Manufacturer is not engaged in rendering accounting, legal or any other professional advice. If legal advice or any other professional assistance is required, the services of a competent person should be sought in their respective profession.
The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions 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, as applicable. Manufacturer is IntelliRel, LLC. 11563 W. Buchanan Street, Avondale, Arizona 85323. Any transfer of the Software must be accompanied by this statement and may only be transferred if first approved by IntelliRel.
You agree that you will not export or re-export the Software to any country, person, entity or end user subject to U.S.A. export restrictions, and you are responsible for complying with all applicable U.S. and local export laws in connection with the use of this Software. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied you export privileges.
This EULA is governed by the laws of the State of Arizona, U.S.A.