Difference between revisions of "License Agreement"

Revision as of 20:30, 27 December 2010

License Agreement YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE OPENING THIS PACKAGE AND/OR BY USING THE SOFTWARE. OPENING THIS PACKAGE OR USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD PROMPTLY RETURN THE PACKAGE TO THE LOCATION WHERE YOU PURCHASED THE SOFTWARE, UNOPENED WITH PROOF OF PURCHASE, AND YOUR MONEY WILL BE REFUNDED.

Holbrook Enterprises, Inc. provides this program and licenses its use. Holbrook Enterprises, Inc. retains the ownership of this product.

LICENSE Permitted Uses/You May:

• Use the software on any computer provided the software is used on only one

computer and by one user at a time.

• Copy the program into any machine readable or printed form for backup or

modification purposes in support of your use of the program on a single machine.

Prohibited Uses/You May not:

• Make copies of the documentation or software, except as noted above.
• Distribute, rent, sub-license, transfer, or lease the software or

documentation.

• Alter, modify or adapt the software or documentation, including, but not

limited to, translating, decompiling, disassembling, or creating derivative works.

This license and your right to use the software automatically terminate if you fail to comply with the provisions of this License Agreement.

TERM The license is effective until terminated. You may terminate it at any other time by destroying the program together with all copies, modifications and merged portions in any form. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the program together with all copies, modifications and merged portions in any form.

IF YOU TRANSFER POSSESSION OF ANY COPY, MODIFICATION OR MERGED PORTION OF THE PROGRAM TO ANOTHER PARTY, YOUR LICENSE IS AUTOMATICALLY TERMINATED.

TRADE SECRET You acknowledge that the software constitutes valuable trade secret information that is the exclusive property of Holbrook Enterprises, Inc..

Automatic Updates Holbrook Enterprises, Inc. may periodically check the web for updates. No personal information will be transferred.

LIMITED WARRANTY Holbrook Enterprises, Inc. warrants for a period of 30 days from the date of original delivery to you that the program will substantially conform to the published specifications and to the documentation, provided that it is used on the computer hardware and with the operating system for which it was designed. Holbrook Enterprises, Inc. warrants the diskette(s) on which the program is furnished, to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt. This warranty gives you specific legal rights. You may have other rights that vary from state to state.

DURING THE WARRANTY PERIOD, IF THE SOFTWARE DOES NOT PERFORM AS WARRANTED, YOUR EXCLUSIVE REMEDY SHALL BE TO SEND THE SOFTWARE TO HOLBROOK ENTERPRISES, INC. WHICH SHALL, AT ITS OPTION, EITHER REFUND TO YOU THE PRICE PAID OR REPAIR OR REPLACE THE SOFTWARE.

To the extent permitted by applicable law, Holbrook Enterprises, Inc. disclaims all other warranties, either or implied, including, buy not limited to, warranties of merchant ability and fitness for a particular purpose. Holbrook Enterprises, Inc. makes no warranty as to title. No Holbrook Enterprises, Inc. dealer, distributor, agent, or employee is authorized to make any modification or addition to this warranty.

LIMITATION OF LIABILITY Because programs are inherently complex and may not be completely free of errors, you are advised to validate your work. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HOLBROOK ENTERPRISES, INC. OR ANY OF ITS PRINCIPALS OR AGENTS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM OR DOCUMENTATION, even if advised of the possibility of such damages. Specifically, Holbrook Enterprises, Inc. is not responsible for any costs or damages including, but not limited to, those incurred as a result of lost profits or revenue, loss of use of the computer program, loss of data, the costs of recovering such programs or data, the cost of any substitute program, claims by third parties, or for other similar costs. IN NO CASE WHATSOEVER SHALL HOLBROOK ENTERPRISES, INC.'S LIABILITY EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Should you have any questions concerning this Agreement, you may contact Holbrook Enterprises, Inc. by writing to: Holbrook Enterprises, Inc. 4286 E. Amity Ave Suite 101 Nampa, ID 83687 (661) 253-4370 You acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between us which supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this agreement.