As part of the installation process, you will be asked to accept the terms of this Agreement. This Agreement is a legal contract which specifies the terms of the license and warranty limitation between you and MoneyTree Software Company for the ReadPlease(tm) software and related documentation. You should carefully read the following terms and conditions before installing or using the software. Unless you have entered into a separate written license agreement with MoneyTree providing otherwise, installation or use of the software indicates your agreement to be bound by these terms and conditions. If you do not agree to these terms, promptly delete and destroy all copies of the software and related documentation in your possession.
ReadPlease 2000 may be distributed freely, but it is NOT free software and is subject to the restrictions set forth below. It is covered by US, Canadian and International copyrights.
UPON ORDERING, DOWNLOADING, INSTALLING OR UNENCRYPTING ANY VERSION OF THE SOFTWARE, YOU ARE REAFFIRMING THAT YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
You may make copies of the ReadPlease for electronic distribution as set forth below.
License to Electronically Redistribute
You may make exact copies of the setup file containing the software and documentation and distribute the unmodified copy via electronic file transfer. There is no charge for making or distributing copies in this manner. You are specifically prohibited, however, without MoneyTree's prior written permission, from charging, or requesting donations, however made, for any copies you make or distribute, from distributing copies with other products (commercial or otherwise) and from distributing copies on CD-Rom or any other media, or otherwise distributing copies by other than electronic means.
No Additional Licenses
All rights to the ReadPlease software and documentation not expressly granted under this Agreement are reserved to MoneyTree Software Company. You may not translate, decompile, disassemble or reverse engineer the ReadPlease software or documentation. This Agreement does not authorize you to use MoneyTree's name or any of its trademarks (which include, but are not limited to the word "MoneyTree" the MoneyTree "A" logo, the "<MoneyTree>" tag logo and the word "ReadPlease."
Warranty and Remedies
MoneyTree PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR THE EVALUATION VERSION. THE SOFTWARE AND DOCUMENTATION ACCOMPANYING THE EVALUATION VERSION ARE PROVIDED "AS IS."
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. By way of example, without limitation, MoneyTree provides no warranties of any kind to any end-users accessing or otherwise using applications developed or otherwise obtained by you. The warranties do not cover damage or defects caused by or related to misuse, accident, negligence or misapplication. Because programs such as this are inherently complex, MoneyTree does not warrant that the software is error-free or will operate without interruption. Furthermore, MoneyTree does not warrant that the software will work with any given database, network or network application. You acknowledge that due to the complexity of the software, it is possible that use of the software could lead to the unintentional loss or corruption of data. You assume all risks of such data loss or corruption; the warranties provided in this Agreement do not cover any damages or losses resulting from data loss or corruption.
Limitation on Liability
IN NO CASE SHALL MoneyTree BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF MoneyTree IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL MoneyTree'S LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU TO MoneyTree.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE WARRANTY LANGUAGE ABOVE MAY NOT APPLY TO YOU. IN SUCH CASE, MoneyTree'S LIABILITIES SHALL BE LIMITED BY THE ABOVE LIMITATION OF REMEDIES PROVISION.
U.S. Government Licensing Rights
If the software is licensed under a U.S. Government contract, you acknowledge that the software and related documentation are "commercial items," as defined in 48 C.F.R 2.01, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1. You also acknowledge that the software is "commercial computer software" as defined in 48 C.F.R. 252.227-7014(a)(1). U.S. Government agencies and entities and others acquiring under a U.S. Government contract shall have only those rights, and shall be subject to all restrictions, set forth in this Agreement.
Miscellaneous
The internal laws of the Commonwealth of Massachusetts shall control this Agreement if you are located anywhere other than Canada; the internal laws of the Province of Ontario shall control if you are located in Canada.
This Agreement is the complete agreement between you and MoneyTree concerning the software and related documentation. The failure or delay of MoneyTree to exercise any of its rights under this Agreement or upon any breach of this Agreement shall not be deemed a waiver of those rights or of the breach.
If you have any questions concerning this Agreement or the software or related documentation, you may contact MoneyTree's customer service at www.readplease.com.
