End user agreement for Pro Home Manager Personal Edition
SOFTWARE LICENSE AGREEMENT
PRO HOME MANAGER-PERSONAL EDITION SOFTWARE AND SERVICES
Thank you for selecting Pro Home Manager-Personal Edition software. This Software License Agreement (the "Agreement") is a contract between you ("you" or "Licensee") and Pro Home Manager LLC ("Pro Home Manager") that describes the terms and conditions applicable to your use of the Software (defined below) and associated services identified below. Before using the Software, you must read and accept the terms and conditions contained in this Agreement. If you do not accept this Agreement, you will not be able to use the Software. If you purchased this license for the Software or if you are evaluating the Trial Software (defined below) and do not agree with the terms and conditions of this Agreement, promptly return the Software and accompanying items to the place of purchase within ten (10) days of purchase with a dated receipt for a full refund, or do not use the Trial Software. If the Pro Home Manager Software (defined below) was pre-installed on your computer, CD-ROMs ("Disk”) came packaged with your computer at no extra charge, or you received the Pro Home Manager Software free of charge, and you do not agree with this Agreement, do not use the Pro Home Manager Software.
The term "Software" is defined as the Pro Home Manager computer program with which this Software License Agreement is included and any updates or maintenance releases thereto. "Trial Software" is defined as a version of the Software that is limited to an evaluation for a specified period of time as determined by Pro Home Manager. "Not for Resale Software" is defined as Software that is not for resale and is labeled "Not for Resale" or "NFR." "Pro Home Manager Software" is defined as Software, Trial Software and/or Not for Resale Software. The use by you of any services or content accessible through the Pro Home Manager Software may be subject to your acceptance of separate agreements with Pro Home Manager or third parties.
License and Restrictions
A. License Grant for Software. Pro Home Manager grants you a limited non-exclusive license to install and use a copy of the Software on one (1) computer. You may make one (1) backup copy of the Software for your own use. You may transfer your rights In the Software to a third party, or sell the computer on which the Software is installed to a third party (collectively "Subsequent Licensee"), provided you do not keep a copy of the Software for yourself and you or the Subsequent Licensee(s) obtain a copy of a Transfer Agreement from Pro Home Manager, which will allow the Subsequent Licensee(s) to assume your rights as a Licensee of the Software.
B. License Grant for Trial Software. Pro Home Manager grants you a limited non-exclusive license to install and use a copy of the Trial Software for the specified number of uses or amount of time in the materials accompanying the Trial Software on one (1) computer used by a single household. Thereafter, you may purchase the right to use the full version of the Software (if available), which license terms are specified therein, by contacting Pro Home Manager or your retailer. You may not copy the printed materials or user documentation accompanying the Trial Software (if any).
YOU UNDERSTAND AND HEREBY AGREE THAT BY USING THE TRIAL SOFTWARE AFTER THE NUMBER OF USES OR AMOUNT OF TIME SPECIFIED IN THE MATERIALS ACCOMPANYING THE TRIAL SOFTWARE, YOU MAY NOT BE ABLE TO CONTINUE TO ACCESS AND/OR USE THE TRIAL SOFTWARE OR ANY DATA YOU HAVE ENTERED INTO SUCH TRIAL SOFTWARE UNLESS YOU PURCHASE THE RIGHT TO USE THE FULL VERSION OF THE SOFTWARE (IF AVAILABLE).
C. License Grant for Not for Resale Software. Pro Home Manager grants you a limited non-exclusive license to install and use a copy of the endorsed Not for Resale Software on one (1) computer used by a single household. You may make one (1) backup copy of the Not for Resale Software for your own use. Notwithstanding any other provision of this Agreement, you may not resell, or otherwise transfer for value, the Not for Resale Software.
D. Restrictions. You are not licensed or permitted to do any of the following: (1) make additional copies of the Pro Home Manager Software except as provided above; (2) enable others to use your registration code(s) or serial numbers (if any); (3) give copies of the Pro Home Manager Software to another person who has not purchased a license therefor from Pro Home Manager; (4) install the Pro Home Manager Software on computers used by individuals who have not purchased the appropriate licenses for the Pro Home Manager Software from Pro Home Manager; (5) except as expressly permitted herein, duplicate the Pro Home Manager Software by any means whatsoever, including electronic transmission; or (6) copy the printed materials or user documentation accompanying the Pro Home Manager Software (if any).
Registration and Reservation of Rights
A. Software Registration/Password and User ID Security. You may register to use the Software at ProHomeManager.com. If you choose to register at ProHomeManager.com, you must create a user ID and password. You are the only person authorized to use your user ID and password and for maintaining the confidentiality of your user ID and password. You shall not permit or allow other persons to have access to or use your user ID and password. You are responsible for the use of the Pro Home Manager Software and the access to and use of ProHomeManager.com under your user ID. You may not use anyone else's password at any time. Pro Home Manager will not be liable for any loss that you may incur as a result of someone else using your password or ProHomeManger.com account, either with or without your knowledge. You are responsible for protecting the information on your computer, including by installing and using anti-virus software, updating your software, password protecting your files and by not permitting third party access to your computer, and Pro Home Manager takes no responsibility in this regard.
B. Reservation of Rights and Ownership. Pro Home Manager Software in its entirety is protected by copyright laws. Pro Home Manager Software also contains the trade secrets of Pro Home Manager and third parties, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Pro Home Manager Software to human-perceivable forms or disclose such trade secrets, or disable any functionality that limits the use of the Pro Home Manager Software. You may not attempt to modify, adapt, translate, rent, sublicense, assign, loan, resell for profit, distribute, or network the Pro Home Manager Software, Disk(s), or related materials or create derivative works based upon the Pro Home Manager Software or any part thereof.
Online Services, Third Party Services and Internet Access
A. Online Services. In connection with your use of the Pro Home Manager Software, you may have access to certain online services provided by Pro Home Manager or third parties that allow you to set up your home information, upload your information to your online account, or schedule your home maintenance services ("Online Services"). You may be required to register with Pro Home Manager or a third party in order to use the Online Services. Your use of the Online Services may be subject to additional terms and conditions, and all Online Services are subject to change. If you decide to use such Online Services, you are responsible for reviewing and understanding the terms and conditions governing any of these Online Services. Your participation in such Online Services indicates your acceptance of such terms and conditions.
B. Third Party Services. Third-party services may include services, products, offers and promotions made available to you in or from the Pro Home Manager Software, or from third-party materials or websites, for which a third party and not Pro Home Manager is primarily responsible ("Third Party Services") . In connection with the promotion or your use of the Pro Home Manager Software, you may be made aware of Third Party Services not provided exclusively or primarily by Pro Home Manager. You may be required to register with Pro Home Manager or a third party in order to use the Third Party Services. Your use of the Third Party Services may be subject to additional terms and conditions, and all Third Party Services are subject to change. If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any such Third Party Services and you hereby authorize Pro Home Manager to use and disclose your contact information, including name and address, for the purpose of making the Third Party Services you choose available to you. Your participation in such Third Party Services indicates your acceptance of any such terms and conditions. You hereby agree that in connection with Third Party Services, the third party, and not Pro Home Manager, is responsible for the performance of the Third Party Services.
Pro Home Manager Software and Third Party Services may contain or reference links to third party websites. Some of those links are provided as a convenience only. The inclusion of any link is not and does not necessarily imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Pro Home Manager or its Representatives (defined below) of any information contained in any third-party website. In no event will Pro Home Manager or its Representatives be responsible for the information contained in such third party website or for your use of or inability to use such website. Access to any other website is at your own risk, and you should be aware that linked websites may contain terms and privacy policies that are different from those of Pro Home Manager and its Representatives. Neither Pro Home Manager nor Its Representatives are responsible for such provisions, and expressly disclaim any liability for them.
You hereby agree that Pro Home Manager is not acting as your agent or fiduciary in connection with your use of the Software or any Third Party Services.
C. Internet Access. You are responsible for providing, at your expense, any access to the internet and any required equipment. Further, Pro Home Manager may at any time change or discontinue any aspect, availability or feature of the Pro Home Manager Software and Online Services or Third Party Service (together, the "Services"). Your access to the Services may be limited from time to time, depending on the service provided by your internet service provider or other third party. You may be billed for the Services by your internet service provider or other third party, not Pro Home Manager, and such internet service provider or other third party may have its own service agreement which will govern the Services it provides. You hereby agree to be responsible for all charges associated with your internet and Service usage. If and when you connect to the internet to update your data, Pro Home Manager may also include Pro Home Manager Software updates (i.e., software maintenance, service information, help content, etc.) in the update transmission.
Feedback, Satisfaction, Disclaimers and Remedies
A. Feedback. Pro Home Manager may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its online products and services ("Feedback"). You hereby agree that Pro Home Manager may, in its sale discretion use the feedback you provide to Pro Home Manager in any way, including in future modifications of the Pro Home Manager Software, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant Pro Home Manager a perpetual, worldwide, fully transferable, non-revocable, royalty free license to use, modify, create derivative works from, distribute and display any information you provide to Pro Home Manager in the feedback.
B. Satisfaction Guaranteed. If you are not 100% satisfied with the Software, Pro Home Manager's entire liability and your exclusive remedy shall be as follows: (1) If you purchased the Software through a retail store or directly from Pro Home Manager, uninstall and return the Software within sixty (60) days of purchase to the retail store where purchased with a dated receipt for a full refund. If the retail store is unable or unwilling to issue a refund, then return the Software with a dated receipt within sixty (60) days of purchase to Pro Home Manager Returns Department, P.O. Box 157, Tenafly, NJ 07670 for your refund; or (2) If the Pro Home Manager Software was pre-installed on your computer when you bought it, or if Disks came packaged with your computer at no extra charge, and the Pro Home Manager Software is defective or was installed improperly, you may be able to obtain replacement Disks from the company that manufactured your computer, at its option, by sending your request stating the nature of the problem, plus a copy of your dated receipt for the computer on which the Pro Home Manager Software was installed, to the manufacturer of such computer; or (3) If you obtained the Pro Home Manager Software by downloading it on your computer, and the Pro Home Manager Software did not install properly, contact Pro Home Manager or the provider of the download site.
C. DISCLAIMER OF WARRANTIES. EXCEPT AS PROVIDED ABOVE, THE PRO HOME MANAGER SOFTWARE, DISK(S), RELATED MATERIALS, CONTENT AND/OR RELATED SERVICES ACCESSIBLE THROUGH THE PRO HOME MANAGER SOFTWARE, ARE PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRO HOME MANAGER AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS ("REPRESENTATIVES") DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRO HOME MANAGER SOFTWARE, DISK(S), RELATED MATERIALS, CONTENT AND ANY SERVICES, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, SECURITY, QUALITY, MERCHANTABILITY, OR THEIR NONINFRINGEMENT. PRO HOME MANAGER DOES NOT WARRANT THAT THE PRO HOME MANAGER 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 OR UPDATED THIRD-PARTY CONTENT, NOR DOES PRO HOME MANAGER WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT THROUGH THE PRO HOME MANAGER SOFTWARE OR ANY THIRD PARTY, OR CONTINUED ACCESS TO THE TRIAL SOFTWARE OR TO THE DATA ENTERED INTO THE TRIAL SOFTWARE AFTER THE SPECIFIED NUMBER OF USES OR AMOUNT OF TIME IN THE MATERIALS ACCOMPANYING THE TRIAL SOFTWARE. YOU AGREE AND ACKNOWLEDGE THAT YOU ARE INSTALLING AND USING THE SOFTWARE AND ANY RELATED SERVICES AT YOUR OWN RISK. PRO HOME MANAGER DOES NOT WARRANT OR REPRESENT THE ACCURACY OR RELIABILITY OF THE USE OR RESULTS OF THE USE OF THE SOFTWARE OR ANY RELATED SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PRO HOME MANAGER OR A PRO HOME MANAGER REPRESENTATIVE SHALL CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY OR THIS LICENSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE OF THE LICENSE FOR THE SOFTWARE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH VARY FROM STATE TO STATE.
THE PRO HOME MANAGER SOFTWARE AND RELATED SERVICES OR CONTENT ARE DESIGNED TO OPERATE AND PROVIDE INFORMATION WITH THE UNDERSTANDING THAT PRO HOME MANAGER AND ITS REPRESENTATIVES ARE NOT ENGAGED IN RENDERING HOME MAINTENANCE ADVICE SPECIFIC TO YOUR PARTICULAR HOME, ONLY HOMES THAT MEET THE SAME GENERAL DESCRIPTION AS YOUR HOME. IF SPECIFIC ADVICE OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. ANY AND ALL ADVICE, RECOMMENDATIONS AND DIRECTION GIVEN BY PRO HOME MANAGER AND ITS REPRESENTATIVES ARE SUBJECT TO SPECIFIC MANUFACTURERS’ INSTRUCTIONS RELATING TO YOUR HOME AND ITS CONTENTS. IT IS YOUR RESPONSIBILITY TO REVIEW ALL SUCH MANUFACTURERS’ INSTRUCTIONS. PRO HOME MANAGER EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE PRO HOME MANAGER SOFTWARE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO ANY LOCAL BUILDING CODES, ZONING ORDINANCES OR CONSTRUCTION RULES AND REGULATIONS, OR ANY MANUFACTURERS’ WARRANTIES OR GUARANTEES TO WHICH YOUR HOME OR ITS CONTENTS ARE SUBJECT. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE PRO HOME MANAGER SOFTWARE, RELATED SERVICES OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW, AND WITH APPLICABLE WARRANTIES AND GUARANTEES. IT IS YOUR RESPONSIBILITY TO KEEP ABREAST OF CHANGES IN LAWS, RULES AND REGULATIONS AND WITH WARRANTIES AND GUARANTEES THAT AFFECT YOUR HOME AND ITS CONTENTS.
D. LIMITATION OF USABILITY AND DAMAGES. YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF PRO HOME MANAGER FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRO HOME MANAGER SOFTWARE TO PRO HOME MANAGER OR ITS AUTHORIZED RESELLER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRO HOME MANAGER AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF PRO HOME MANAGER 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. PRO HOME MANAGER 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 PRO HOME MANAGER 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 PRO HOME MANAGER AND YOU. PRO HOME MANAGER WOULD NOT HAVE BEEN ABLE TO PROVIDE THE PRO HOME MANAGER SOFTWARE TO YOU WITHOUT SUCH LIMITATIONS.
Consent to Conduct Communications and Business Electronically ("Consent").
A. Consent to Electronic Communications. Pro Home Manager may be required by law to send 'Communications' to you that may pertain to the Pro Home Manager Software, the use of information you may submit to Pro Home Manager, and the Services you choose. Additionally, certain of the Third Party Services you choose may require Communications with the third parties who administer these programs. You hereby agree that Pro Home Manager, on behalf of itself, and others who administer such services (as applicable), may send Communications to you by email and/or may make Communications available to you by posting them at one or more of our sponsored websites, such as prohomemanager.com. You hereby consent to receive these Communications electronically. The term “Communications” means any notice, record, agreement, or other type of information that is made available to you or received from you In connection with the Software and the Services.
[This is an incomplete version of the License Agreement. For the complete Agreement, please see the installation.]