Please read this License Agreement carefully before purchasing and installing any programs from ValuSoft (program relates to any program purchased and/or downloaded from ValuSoft). By installing or otherwise using the software program, you agree to be bound by the terms of this agreement.
1. Limited Use License
ValuSoft grants, and by installing the program you accept, a limited non-exclusive license and right to install on either a home, business or portable computer.
2. Ownership and License
All title, ownership rights and intellectual property rights contained in, and pertaining to, the program, are owned by ValuSoft and/or its licensors. Your rights to use the software are specified in this agreement.
3. Permitted Uses
This agreement grants you the following rights:
(a) You may install and use the program on a single computer.
(b) You make one copy of the program for backup and archival purposes, providing that the original and the single copy of the program are kept in your possession, and not distributed to others.
4. Prohibited Uses
The following uses are prohibited under this agreement:
(a) You may not, in whole or in part, copy (other than specifically outlined in Permitted Uses), photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, create derivative works based on the program, or remove any part of the program without prior written consent from ValuSoft.
(b) Distribute, in whole or in part, the program or any documentation relating to the program.
(c) Make any attempt to bypass, unlock or disable any protective or initialization system on the program.
(d) Sell, grant a security interest in, or transfer reproductions of the program to third parties in any way, nor rent, license, lease or time-share the program to others without the written consent of ValuSoft.
(e) Remove or obscure any trademark or copyright notices on the program or its documentation.
(f) Upload or transmit the program, or any portion of the program, to any web site, electronic bulletin board, network or any type of multi-use computer, regardless of purpose.
(g) Include the program in any commercial products intended for manufacture, distribution, or sale.
5. Termination
This agreement is effective upon first installation, use or loading of the program. You may terminate the agreement at any time by destroying the program. ValuSoft may elect to terminate this agreement if you fail to comply with the terms contained in this agreement.
6. Copyright
ValuSoft and/or its licensors retain the copyright for the program.
7. Miscellaneous
You agree that ValuSoft and its licensors would be irreparably damaged if the terms of this agreement are not complied to and enforced. Therefore you agree that ValuSoft and its licensors shall be entitled, without bond, other security or proof of damages to appropriate equitable remedies with respect to breaches of this agreement, in addition to such remedies ValuSoft may otherwise have available to it under applicable laws. In the event any litigation pertaining to the breach of any part of this agreement, the prevailing party shall be entitled to recover, from the other party, all costs, attorney fees and other expenses incurred in any such litigation.
This agreement shall be governed by the laws of the United States of America and the state of Minnesota.
ACKNOWLEDGEMENT
You acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions. You also agree that this agreement is the complete and exclusive statement of the agreement between you and ValuSoft and supersedes all proposals or prior endorsements and/or agreements of ValuSoft relating to the subject matter of this agreement.
ValuSoft Limited Warranty
For 90-days from the date of purchase of this software, ValuSoft warrants, to the original purchaser of this product, that the media on which the software is supplied is free from defects in material and workmanship under normal use. If the media on which the software is supplied is found to be defective within the 90-day warranty period, and upon presentation to ValuSoft of proof of purchase, ValuSoft will, at its option 1) repair or replace the defective media free of charge, 2) provide you with a product of equal or lesser value free of charge, or 3) refund your money. This warranty is void if the defect in the product is found to be the result of abuse, unreasonable use, mistreatment or neglect. ValuSoft does not warrant that the software, or its operations or functions, will met your requirements, nor that the use of this software will be without interruption or error.
ValuSoft Limitation of Liability
In no event will ValuSoft, itÆs employees or licensors be liable for any direct, indirect, incidental, or consequential damages resulting from possession, use, or malfunction of this ValuSoft software, including, but not limited to, loss of goodwill, computer failure or malfunction, work stoppage, loss of income, or any and all other commercial losses as a result of injury to any person, or loss to or damage to property, or claims of third parties, even if ValuSoft or an authorized representative of ValuSoft has been advised of the possibility of such damages. In no event will the liability of ValuSoft for damages with respect to the use of this software exceed the amount actually paid by you, if any, for the software.
Some states do not allow exclusions or limitation of implied warranties or liability for incidental damages, so the above limitations may not apply to you.
