AdminSavR™ :: End User License Agreement
IMPORTANT. PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (THIS "LICENSE") CAREFULLY BEFORE USING THE SOFTWARE (AS DEFINED BELOW). ADMINSAVR™ INCORPORATED AND/OR ITS SUBSIDIARIES ("ADMINSAVR™") IS WILLING TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERENCED BELOW AS "YOU" OR "YOUR") ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND ADMINSAVR™. BY OPENING THIS PACKAGE, BREAKING THE SEAL, CLICKING THE "ACCEPT" OR "YES" BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE "I DO NOT ACCEPT" OR "NO" BUTTON OR OTHERWISE INDICATE REFUSAL, MAKE NO FURTHER USE OF THE SOFTWARE, AND CONTACT AdminSavR™ CUSTOMER SERVICE FOR INFORMATION ON HOW TO OBTAIN A REFUND OF THE MONEY YOU PAID FOR THE SOFTWARE (LESS SHIPPING, HANDLING, AND ANY APPLICABLE TAXES EXCEPT IN CERTAIN STATES AND COUNTRIES WHERE SHIPPING, HANDLING, AND TAXES ARE REFUNDABLE) AT ANY TIME DURING THE NINETY (90) DAY PERIOD FOLLOWING THE DATE OF PURCHASE.
- License. The software and documentation that accompanies this License (collectively, the "Software") is the property of AdminSavR™, or its licensors, and is protected by copyright law. While AdminSavR™ continues to own the Software, You will have certain rights to use the Software after Your acceptance of this License. This License governs any releases, revisions, or enhancements to the Software that AdminSavR™ may furnish to You. Your rights and obligations with respect to the use of the Software are as follows.
- Permitted Uses. During the term of this License, You may:
- Use one copy of the Software on a single computer;
- Make one copy of the Software for archival purposes, or copy the Software onto the hard disk of Your computer and retain the original for archival purposes;
- Use the Software on a network; provided that You have a licensed copy of the Software for each computer that can access the Software over that network; provided, however, that accessing the Software on a server through a web browser over the Internet shall not require a separate licensed copy of the Software;
- After written notice to AdminSavR™, transfer the Software on a permanent basis to another person or entity; provided that You retain no copies of the Software and the transferee agrees to the terms of this License; and
- Use the Software in accordance with any additional permitted uses set forth below.
- Prohibited Uses. You may not:
- Copy the printed documentation that accompanies the Software;
- Sublicense, rent, or lease any portion of the Software; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;
- Use the Software as part of a facility management, timesharing, service provider, or service bureau arrangement;
- Use a previous version or copy of the Software after You have received and installed a disk replacement set or an upgraded version. Upon upgrading the Software, all copies of the prior version must be destroyed;
- Use a later version of the Software than is provided herewith unless You have purchased upgrade insurance or have otherwise separately acquired the right to use such later version;
- Use the Software in any manner not authorized by this License; or
- Use the Software in any manner that contradicts any additional restrictions set forth below.
- Ninety (90) Day Money Back Guarantee. If You are the original licensee of this copy of the Software and are not completely satisfied with it for any reason, please contact AdminSavR™ Customer Service for a refund of the money You paid for the Software (less shipping, handling, and any applicable taxes except in certain states and countries where shipping, handling and taxes are refundable) at any time during the ninety (90) day period following the date of purchase.
- Limited Warranty. AdminSavR™ warrants that the media on which the Software is distributed will be free from defects for a period of ninety (90) days from the date of delivery of the Software to You. Your sole remedy in the event of a breach of this warranty will be that AdminSavR™ will, at its option, replace any defective media returned to AdminSavR™ within the warranty period or refund the money You paid for the Software. AdminSavR™ does not warrant that the Software will meet Your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.
EXCEPT AS OTHERWISE PROVIDED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
- Disclaimer of Damages. SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL AdminSavR™ OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF AdminSavR™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL ADMINSAVR'S OR ITS LICENSORS' LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE AND ALL MAINTENANCE FEES PAID HEREUNDER. The disclaimers and limitations set forth above will apply regardless of whether You accept the Software.
- Termination. Notwithstanding anything to the contrary herein, AdminSavR™ may terminate this License if You breach any of Your obligations hereunder and such breach is not cured within thirty days of notice of such breach is provided to you by AdminSavR™.
- Export Regulation. You agree and certify that neither the Software nor any other technical data received from AdminSavR™, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by you outside of the United States, you agree that you will not re-export the Software nor any other technical data received from AdminSavR™, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software.
- General. This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within the State of California between California residents. You hereby consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in San Diego County of the State of California. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. This Agreement (i) is the entire agreement between You and AdminSavR™ relating to the Software; (ii) supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties hereto. The disclaimers of warranties and damages and limitations on liability shall survive termination. This Agreement may only be modified by a written document that has been signed by both You and AdminSavR™.