End user agreement for ManagePLUS Gold for QuickBooks
Software License Agreement
ManagePLUS Gold for QuickBooks
This agreement is between the you, the end user of this SOFTWARE, and Flagship Technologies, Inc. (Flagship). For purposes of this agreement, "you" may be an individual, business, or other entity.
SOFTWARE means the program, data structures, and machine-readable information provided by Flagship.
DOCUMENTATION means all printed and human-readable materials and information provided with the SOFTWARE including but not limited to printed manuals, Help files, text files, and Web site content provided by or made available by Flagship.
The SOFTWARE and DOCUMENTATION are copyrighted products protected by United States copyright laws and international treaty provisions. Making unauthorized copies is prohibited by law.
You must treat the SOFTWARE like any other copyrighted material (i.e., a book or musical recording), in the sense that only ONE person may be using the software at any point in time. If additional person(s) have access to computer(s) on which the software is installed, you must purchase an additional license for EACH additional person who may be using the software simultaneously. Additions and exceptions to these copyright provisions are described below in the LICENSE section.
However, you (a) may make backup or archival copies of the SOFTWARE for the sole purpose of protecting the SOFTWARE against loss, and (b) may copy the SOFTWARE onto one additional computer, provided that only ONE person can be using the SOFTWARE at any point in time per each SOFTWARE license you have purchased.
The DOCUMENTATION may not be copied in whole or in part without express written consent from Flagship.
Flagship hereby grants you the following nonexclusive license:
You may install and use one or more copies of the SOFTWARE on any single computer, provided only one person can be using the SOFTWARE at any point in time per each SOFTWARE license you have purchased.
You may install one or more copies of the SOFTWARE on ONE additional computer, provided only one person can be using the SOFTWARE at any point in time per each SOFTWARE license you have purchased. (For example, if you are the sole user of the software you may have the software installed on a total of two computers, such as a desktop computer and a laptop computer for your own use.)
You may make backup or archival copies of the software for the sole purpose of protecting the SOFTWARE against loss.
You may use the software over a "local area network" (LAN), provided you have purchased a license to use the SOFTWARE for each person who may be using it simultaneously.
You may permanently transfer this license to a third party ("new licensee") provided you retain no copies of the SOFTWARE or DOCUMENTATION or any of their components or any prior versions of the SOFTWARE or DOCUMENTATION, provided that ALL copies of the SOFTWARE and DOCUMENTATION in your posession are either destroyed or transferred to the new licensee, provided that the new licensee agrees to all terms of this license agreement, and provided that you notify Flagship immediately or within 10 days of the transfer and provide Flagship with contact information for the new licensee inclusing a postal mailing address, email address, and telephone number.
You MAY NOT use unregistered copies of the SOFTWARE such as test, trial, or demonstration versions for a calendar period of more than 60 (sixty) days without express written permission provided to you by Flagship. An "unregistered copy" is a copy of the SOFTWARE for which no license has been purchased.
You may NOT use the software over a "wide area network" (WAN) or Internet connection of any kind, and you may NOT make the SOFTWARE accessible for use by anyone else over a "wide area network" or Internet connection of any kind.
You may NOT use the SOFTWARE on any computer system where the system clock has been set to a date earlier than the actual current date (i.e., where the clock has been "rolled back").
You may NOT disassemble, decompile, or reverse engineer the SOFTWARE.
You may NOT rent, lease, or sublicense the SOFTWARE.
Flagship warrants the physical diskettes and printed documentation materials, if any, provided with the SOFTWARE to be free from defects in materials and workmanship for a warranty period of 30 days from the purchase date. If Flagship receives notification within the warranty period of such defects in materials or workmanship, and such notification is determined by Flagship to be correct, Flagship will replace the defective diskettes or printed documentation.
The entire and exclusive liability and remedy for breach of this Limited Warranty shall be limited to replacement of the defective diskette(s) or printed documentation and shall not include or extend to any claim for or right to recover any other damages, including but not limited to loss of profit, data or use of the software, or special, incidental, or consequential damages or other similar claims, even if Flagship has been specifically advised of the possibility of such damages. In no event will Flagship's liability for damages exceed the lower of Flagship's suggested retail price or the price you actually paid for the license to use the SOFTWARE.
Flagship SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Flagship makes no representation or warranty that the SOFTWARE or DOCUMENTATION are "error-free," or meet any user's particular standards, requirements, or needs. Flagship will not be liable for any bug, error, anomaly, or omission in the SOFTWARE, any incorrect information or results generated by the SOFTWARE, or any damage to your computer equipment or data stored in your computer whether attributable to the use of the SOFTWARE or not.
This Limited Warranty gives you specific legal rights; you may have other rights which may vary from state to state.
U.S. Government Restricted Rights
Use, duplication or disclosure by the U.S. Government of the software shall be subject to the restricted rights applicable to commercial computer software.
This agreement is governed by the laws of the State of Missouri, United States of America.