3f Software Planner 2006 distribution permissions and end-user license agreement
License agreement for 3f Software Planner
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. BY CLICKING ON THE "I ACCEPT THE TERMS IN THE LICENSE AGREEMENT" RADIO BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT THEN CLICK THE "I DO NOT ACCEPT THE TERMS IN THE LICENSE AGREEMENT" RADIO BUTTON AND THEN TERMINATE THE INSTALLATION BY PRESSING THE CANCLE BUTTON.
1. LICENSE GRANT The package (or web site download) contains “3f Software Planner” ("Software") and related explanatory written materials ("Documentation"). "Software" includes any upgrades, modified versions, updates, additions and copies of the Software. (“USERS”) means the person or computer accessing or using the software. "We", “our” and "us" means 1902 Software Development Corporation.
We hereby grant you a nonexclusive, non-transferable, limited license to use one copy of the Software on any single computer or server. The Software is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer--for example, a hard disk, CD-ROM or other storage device.
You may only use the 3f Software Planner to launch the “3f Software Planner 2005 Server” from a server or a computer acting as a server. Using this software for any other purpose constitutes a breach of this contract.
2. TITLE This license is not a sale. We remain the owner of all right, title and interest in the Software and Documentation.
3. ARCHIVAL OR BACKUP COPIES You may either:
-- make one copy of the Software for backup or archival purposes or
-- transfer the Software to a single hard disk, provided you keep the original solely for backup or archival purposes.
4. THINGS YOU MAY NOT DO Copyright laws and international treaties protect the Software and Documentation. You must treat the Software and Documentation like any other copyrighted material--for example a book. You may not:
-- copy the Documentation,
-- copy the Software except to make archival or backup copies as provided above,
-- modify or adapt the Software or merge it into another program,
-- reverse engineer, disassemble, decompile or make any attempt to discover the source code of this Software,
-- sublicense, rent, lease or lend any portion of the Software or Documentation except that this agreement may be assigned to a successor by you provided that all or substantially all of your assets or equity are acquired by the successor.
5. NO DISASSEMBLY, RECOMPILATION, CHANGE OF LAYOUT, CHANGE OF GRAPHIC OR DECRYPTION
You may not disassemble, decompile or change the layout of the HTML pages used with the software without our prior written consent, nor may you change any graphic used in the software.
6 NO WARRANTY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU THE LICENSEE.
7. NO LIABILITY FOR DAMAGE IN NO EVENT WILL WE OR OUR SUPPLIES BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFIT, LOST SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THIS SOFTWARE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF OUR LIMITED WARRANTY AND/OR LIMITED REMEDY SHALL BE HELD INEFFECTIVE OR TO HAVE FAILED THEIR ESSENTIAL PURPOSES, OUR TOTAL LIABILITY FOR DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE LICENSE FEES PAID BY YOU FOR THE SOFTWARE LICENSED HEREUNDER.
8. TERM AND TERMINATION This license agreement takes effect upon your use of the Software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. The license automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to either return to us or destroy all copies of the Software and Documentation in your possession. You further agree that under no circumstances shall you be entitled to any refund what so ever if the license agreement is terminated. Any refund is solely at our discretion.
9. CONFIDENTIALITY The Software contains trade secrets and proprietary know-how that belong to us and it is made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
10. GENERAL PROVISIONS (This is very important, please read it very careful)
(a) This written license agreement is the exclusive agreement between you and us concerning the software and Documentation and supersedes any and all prior oral or written agreements, negotiations or other dealings between us concerning the software.
(b) In the event of litigation or alternative dispute resolution process between you and us concerning the Software or Documentation or this Agreement, the prevailing party in the litigation or process will be entitled to recover attorney fees and expenses from the other party.
(c) This license agreement is governed by the laws of the Philippines.
(d) You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
(e) You assume all responsibility for the selection of the software and that it meets your requirements and intended results. You understand and agree to that the software may be errors and may not perform its intended actions. You fully understand and agree to that this is a tool designed to start the “3f Software Planner 2005” from your desktop and nothing more.
(f) You agree to, that should you find any errors in the 3f Software Planner Client Utility, security errors or otherwise you will contact us through email email@example.com immediately and that you will not share your knowledge about the error with others. You furthermore agree to, that we, at our sole discretion decide if the issue is an error, and if and when we will address the issue.
If you intent to use the software in conjunction with the 3f Software Planner hosted solution the terms and conditions for the service becomes an integral part of this license agreement. You can view the terms and conditions on our web site:
If you do not agree to these terms and conditions then do not use this software or the hosting service we offer.