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READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING SOFTWARE. INSTALLING SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT PROCEED TO THE NEXT SCREEN.
In this license agreement ("License Agreement"), you, the purchaser of the license rights granted by this Agreement, are referred to as "User" or "You." In accordance with the terms and conditions of this License Agreement, FORUS LLC (DE, USA) ("Developer" or "us" or "we") grants User the non-exclusive license to use the accompanying software ("Software") and documentation ("Documentation"). In this License Agreement, the Software and Documentation and any copies or modifications are referred to as the "Licensed Product." All rights to and in the Licensed Product, all copies and derivative works, including, but not limited to, copyrights and trade secret rights, belong to Developer and Developer holds title to each copy of the Software. The Software shall only be used in conjunction with one web site. User is required to purchase additional licenses of the Licensed Product for each additional web site. Use of the Software on more than one web site without proper licensing will result in termination of all of User's rights to use the Licensed Product. User shall not transfer or distribute the Licensed Product to others, and this Agreement shall automatically terminate in the event of such a transfer or distribution. User shall not copy, modify or create derivative works the Licensed Product, except as provided for herein and to make one copy the Software for the sole purpose of backup as long as all copyright and other notices are reproduced and included on the backup copy.
This License Agreement is effective until terminated.Developer may terminate this License Agreement if User breaches any of the terms and conditions contained herein. Upon termination of this License Agreement for any reason, User shall return the Licensed Product to Developer and permanently destroy all copies of the Licensed Product. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Developer's proprietary rights shall survive termination.
User may not transfer, in whole or in part, the Licensed Product to any third party, including a transfer contemporaneously with the sale of the web site, assets or stock of User. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void.
Developer does not warrant that the functions contained in the Licensed Product will meet User's requirements or that the operation of the Software will be uninterrupted or error-free.
DEVELOPER'S SOLE OBLIGATION OR LIABILITY UNDER THIS AGREEMENT IS THE REPLACEMENT OF DEFECTIVE MEDIA. IN NO EVENT WILL DEVELOPER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS OR LOSS OF USE, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION OR FOR ANY INSTALLATION SERVICES, EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IF DEVELOPER IS FOUND LIABLE FOR DAMAGES BY A COURT OF LAW, THEN THE MAXIMUM, IN THE AGGREGATE, OF DAMAGES SHALL BE THE AMOUNT THE PAID BY THE USER TO DEVELOPER HEREUNDER.
Any attempt to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void. This Agreement shall be governed by and interpreted under the substantive and procedural laws of the State of Iowa, without regard to conflicts of provisions. All disputes shall be resolved in the courts located in Linn County, Iowa. User's obligations hereunder shall at all times be subject to the export control laws and regulations mandated by the Federal Government. You agree that you will comply with all export control laws and regulations.
Once you have licensed the Software, technical support is available via e-mail and help boards for three (3) months from the date of purchase. Additional technical support can be purchased in three (3) month intervals at the then current rates. Technical Support can be accessed through our Owner's Lounge. Technical support may be discontinued for older versions of our products at any time. If you are using a version for which support has been discontinued, you will need to upgrade to a newer version in order to receive further support.
We do not refund any monies for return of the Licensed Product. ALL SALES ARE FINAL. The operating system and other requirements are clearly stated, so make sure that your system meets those requirements before you purchase the Licensed Product. Prior to your purchase you have the opportunity to view the demo and ask us questions to make sure that the Software suits your needs - no refunds will be given on the basis that the Licensed Product does not meet your requirements. Any refunds or chargebacks processed without the consent of JMB Software, Inc. will result in legal action against you for software piracy. We take this issue very seriously, and have no tolerance for those who pirate software products.
If you need assistance with installation, we may provide it one time free of charge.
Your personal information will be kept confidential and will not be disclosed to a third party unless we are presented with a court order ordering us to do so. The Software may enable collection of personally identifiable information and you as the owner are solely responsible for compliance with the Children's Online Privacy Protection Act. |
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