End user agreement for Budget
Copyright (c) 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012. Snowmint Creative Solutions LLC
Copyright (c) 1999, 2000, 2001, 2002. Ron Hooper
All rights reserved. Protected by the copyright laws of the United States and international treaties.
January 1, 2012
Software License Agreement
NOTICE TO USERS: READ CAREFULLY THE FOLLOWING LEGAL AGREEMENT. INSTALLATION OR USE OF THE SOFTWARE APPLICATION, Budget ("SOFTWARE"), PROVIDED WITH THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY REMOVE THE SOFTWARE AND ALL COPIES FROM YOUR COMPUTER. USE OF THE SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE AGREEMENT.
1. License Grant. Snowmint Creative Solutions LLC ("Snowmint") hereby grants to you ("Licensee") and Licensee accepts, subject to the terms and conditions specified herein, a non-exclusive, non-assignable, limited use license to use the computer software called Budget and related documentation (the "Software") subject to all of the conditions and terms of this license agreement (the "Agreement"). This Agreement shall remain in effect until terminated. Licensee may terminate the Agreement, at any time, by removing the Software from its computer and destroying the Software and any copies thereof. Except for the limited use license granted herein; this Agreement does not grant to Licensee any right, title or interest, express or implied, regarding copyrights, trademarks, patents or any other intellectual property associated with the Software.
2. Permitted Uses. You are granted the following rights to the Software: Right to Install and Use. You may either: (i) install the Software on multiple computers, provided that those computers are used solely by you (or immediate family members) but not simultaneously; or (ii) install the Software on a single computer which may be used by different users from time to time but not simultaneously. If the Software is to be used by more than one user under option (i) above or on more than one computer under option (ii) above, you must purchase a number of copies (or a multi-user package representing multiple copies) of the Software equal to the number of users under option (i) or Computers under option (ii).
3. Versions. Snowmint may or may not, at its sole discretion and without notice, develop and/or license updated and/or additional versions of the Software. Any updated or additional copies of the Software which are desired by Licensee must be separately licensed by Licensee. Updates of the "Software" can be downloaded from http://www.snowmintcs.com/.
4. Copies. Copies must be treated as the original copy of the Software and must contain the complete Budget software name, copyright, and trademark notices. These names and notices may not be obscured or removed from any copy of the Software.
5. Unauthorized Modifications and Uses. Licensee may not translate, modify, disassemble, decompile, reverse engineer or develop derivative works of the Software.
6. Copyrights and Trademarks. Snowmint DOES NOT WARRANT THE VALIDITY OF THE COPYRIGHTS AND TRADEMARKS RELATED TO THE SOFTWARE. FURTHER, Snowmint HAS MADE NO INVESTIGATION AND MAKES NO REPRESENTATION THAT THE SOFTWARE OR ANY ASSOCIATED WORK PRODUCTS DEVELOPED BY LICENSEE ARE FREE FROM INFRINGEMENTS OF COPYRIGHT AND TRADEMARK LAW.
7. Warranties. Snowmint MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING THE SOFTWARE INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Snowmint DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY LICENSEE.
CREATORS OF THE Budget SOFTWARE HAVE NOT REVIEWED AND DO NOT ENDORSE ANY PRESENTATION OF SUBJECT MATTER OR MATERIALS DEVELOPED WITH THE Budget SOFTWARE. USERS OF SOFTWARE AGREE TO INDEMNIFY THE Snowmint AND HOLD Snowmint HARMLESS AGAINST ALL LIABILITIES, DEMANDS, DAMAGES, EXPENSES, OR LOSSES ARISING FROM USE OF SOFTWARE.
8. Damages. IN NO EVENT WILL Snowmint BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, ETC.) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF Snowmint HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE PROVISIONS MAY NOT APPLY. Snowmint’S LIABILITY FOR ACTUAL DAMAGES FROM ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) WILL BE LIMITED TO REPLACEMENT OF THE SOFTWARE, AS DETERMINED BY Snowmint IN ITS SOLE DISCRETION.
9. Name Use. Licensee may not use the name of "Budget", except in the context of identifying Snowmint as the source of Budget via copyright, without Snowmint’s express prior written approval. Contact Snowmint via email at firstname.lastname@example.org. The copyright shall read "Budget ©2002-2012 Snowmint Creative Solutions LLC. All Rights Reserved. Protected by the copyright laws of the United States and international treaties."
10. Minnesota Law. The interpretation and provisions of this Agreement will be governed by the laws of the State of Minnesota.
11. Entire Agreement. This Agreement constitutes the entire understanding between the parties and neither party shall be obligated by any condition or understanding other than as expressly stated or as subsequently agreed to by both Snowmint and Licensee in writing. This Agreement supersedes any communication, advertising, purchase order or representation.
12. Export Restrictions. By downloading or installing this software application you are acknowledging that you are not restricted from receiving U.S. goods and that you agree to comply with all applicable U.S. export laws and import laws in the country in which you reside.
13. Correspondence. Software "bugs" and other problems can be reported by sending email to email@example.com. Other correspondence from Licensee to Snowmint should be in writing and by United States mail and directed to:
Snowmint Creative Solutions LLC
797 Parkview Avenue
St Paul, MN, USA 55117-4045
Budget is a trademark of Snowmint Creative Solutions LLC.