NUMBERCRUNCHER END USER'S LICENSE AGREEMENT
This End User's License Agreement ("EULA") is a legal agreement between you (either an Individual or a single entity) and NumberCruncher.com, Inc. for either the All Orders by NumberCruncher or NumberCruncher Work Orders or NumberCruncher Sales Orders software product, which includes the software and all its components as well as off-line, online and electronic documentation and associated media developed by NumberCruncher.com, Inc. (Hereinafter referred to as "NUMBERCRUNCHER"). NUMBERCRUNCHER may also include updates and supplements to the original NUMBERCRUNCHER provided to you by NumberCruncher.com, Inc. By installing, copying, downloading, accessing or otherwise using NUMBERCRUNCHER, you agree to be bound by the terms of this EULA. If you do not agree to this EULA do not install NUMBERCRUNCHER and remove any copies of it from your computer.
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect NUMBERCRUNCHER. NUMBERCRUNCHER is licensed, not sold. If you are an entity, NumberCruncher.com, Inc. grants you the right to designate that number of individuals within your organization for which a user license was purchased ("LICENSED END USERS") to have the right to use NUMBERCRUNCHER as provided below.
1) LICENSE TO USE NUMBERCRUNCHER
i) NumberCruncher.com, Inc. grants to you as an individual, a personal, nonexclusive license to make, use and install NUMBERCRUNCHER on the computers of the LICENSED END USERS for personal purposes.
ii) This EULA grants you, as an individual, a personal, nonexclusive license to make and use an unlimited number of copies of any documentation, provided that such copies shall be used only for personal purposes and are not to be republished or distributed (either in hard copy or electronic form) beyond the user's premises.
iii) You may also store and install a copy of NUMBERCRUNCHER on a storage device, such as a network server, used only to install or run NUMBERCRUNCHER on computers used by LICENSED END USERS in accordance with this Agreement. A single license for NUMBERCRUNCHER may not be shared or used concurrently by other users.
2) OTHER RIGHTS AND LIMITATIONS
i) You may not resell, sub-license or otherwise transfer for value, NUMBERCRUNCHER.
ii) You may not reverse engineer, decompile or disassemble NUMBERCRUNCHER. You may not view or use source code, formulas, algorithms or other intellectual property developed by NumberCruncher.com, Inc.
iii) You may not rent, lease or lend NUMBERCRUNCHER.
iv) This EULA does not grant any rights in connection with any trademarks or service marks of NumberCruncher.com, Inc. QuickBooks is a registered trademark and service mark of Intuit Inc. in the United States and other countries.
(1) NumberCruncher.com, Inc. may provide you with support service related to
NUMBERCRUNCHER ("Support Services"). The NumberCruncher.com, Inc. policies and programs described in hard copy and electronic documentation, governs support Services. Any supplemental software code provided as part of the Support Services shall be considered as part of NUMBERCRUNCHER and subject to the terms and conditions of this EULA. With respect to any and all technical information you provide NumberCruncher.com, Inc., NumberCruncher.com, Inc. may use such information for its business purposes, including for product support and development. NumberCruncher.com, Inc. will not use such technical information in a form that personally identifies you.
v) Without prejudice to any right, NumberCruncher.com, Inc. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of NUMBERCRUNCHER.
3) If NUMBERCRUNCHER is labeled as an update or service pak, you must be properly licensed to use NUMBERCRUNCHER. NUMBERCRUNCHER that is labeled as an update or service pak, replaces and/or supplements the original NUMBERCRUNCHER and is subject to the terms and conditions of this EULA.
4) All title to intellectual property rights in and to NUMBERCRUNCHER including documentation, are owned by NumberCruncher.com, Inc. NumberCruncher.com, Inc reserves all rights not expressly granted.
5) The EULA is governed as follows:
i) By laws of the State of Florida if you acquired this product in the United States.
ii) By laws the Province of Ontario if you acquired this product in Canada.
iii) By local laws if acquired outside the United States and Canada.
6) LIMITED WARRANTY
i) NumberCruncher.com, Inc. warrants that a) NUMBERCRUNCHER will perform substantially in accordance with the accompanying documentation for a period of thirty (30) days from the date of receipt, and b) the Support Service provided by NumberCruncher.com, Inc. shall be substantially as described in applicable materials provided to you by NumberCruncher.com, Inc. and NumberCruncher.com, Inc. will make commercially reasonable efforts to solve problems with NUMBERCRUNCHER. Implied warranties are limited to thirty (30) days.
ii) NumberCruncher.com, Inc. liability and exclusive remedy shall be at NumberCruncher.com, Inc.'s option, either to a) refund of the price paid, if any or b) repair or replacement of NUMBERCRUNCHER that does not meet NumberCruncher.com, Inc.'s Limited Warranty and that is returned to NumberCruncher.com, Inc. with a copy or your receipt. This Limited Warranty is void if failure of NUMBERCRUNCHER has resulted from accident, abuse or misapplication. Any replacement NUMBERCRUNCHER will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
iii) To the maximum extent permitted by applicable law, NumberCruncher.com, Inc. disclaim any and all other warranties and conditions, either express or implied, including but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the NUMBERCRUNCHER, and the provision for failure to provide Support Services.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NUMBERCRUNCHER.COM, INC. BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES AND LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE NUMBERCRUNCHER OF THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF NUMBERCRUNCHER.COM, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN ANY CASE, NUMBERCRUNCHER.COM, INC.'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID FOR NUMBERCRUNCHER OR SERVICE AGREEMENT OR U.S. $5.00.