Corporate Budgeting and Accounting distribution permissions and end-user license agreement
BY INSTALLING THIS COMPUTER PROGRAM, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, DO NOT INSTALL THIS COMPUTER PROGRAM.
If software is used by you or your organization for more than 30 days,
$150 per server payment must be immediately paid to
Victor Pierobon Consultants Ltd.
174 Betty Ann Drive
Toronto Ontario Canada M2N 1X6
DISCLAIMER OF WARRANTY.
THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT
LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS BORNE BY LICENSEE OR CURRENT USER ("LICENCEE"). SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT LICENSOR OR ITS SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY THE PRODUCT HAVE INHERENT LIMITATIONS, AND LICENSEE MUST DETERMINE THAT THE PRODUCT SUFFICIENTLY MEETS ITS REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR`S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY THE VENDOR OR AUTHOR UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. VENDOR OR AUTHOR IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
No Warranties and Limitation of Liability.
1. THIS SOFTWARE AND ALL VICTOR PIEROBON`S SOFTWARE AND VICTOR PIEROBON COMPANY AND VICTOR PIEROBON CONSULTANTS LIMITED (HEREAFTER BOTH REFERRED AS VPC) SOFTWARE AND SERVICES ARE PROVIDED `AS IS` AND VICTOR PIEROBON COMPANY AND VICTOR PIEROBON CONSULTANTS LIMITED MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. VPC MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING CONTENT, GOODS OR SERVICES PROVIDED BY ANY MERCHANT. VPC DOES NOT WARRANT THAT ACCESS TO OR USE OF THIS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SOFTWARE OR VPC`S SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. VPC EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATABILITY, SECURITY OR ACCURACY.
2. YOUR USE OF THIS SOFTWARE AND ALL VPC`S SOFTWARE AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING VPC`S SOFTWARE) OBTAINED THROUGH THIS SOFTWARE. YOU AGREE THAT VPC AND PROVIDERS OF TELECOMMUNICATIONS AND NETWORK SERVICES FOR THIS SOFTWARE WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS SOFTWARE OR ANY VPC`S SOFTWARE OR SERVICES, OR THE ACTIONS OR INACTIONS OF ANY MERCHANT OR THE GOODS OR SERVICES THEY PROVIDE, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, OR OTHER GROUNDS, EVEN IF VPC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. VPC`S HAS NO LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT.
YOU HEREBY RELEASE VPC FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU."
1. COPYRIGHT. The software, artwork, music, and other components included in the SOFTWARE are the copyrighted property of VPC. The SOFTWARE is protected by copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of VPC, and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
2. LICENSE GRANT. VPC grants to you a non-exclusive, non-transferable right to use this SOFTWARE. This license to use the SOFTWARE is conditioned upon your compliance with the terms of this license agreement. You agree you will only copy the SOFTWARE into any machine-readable or printed form as necessary to use it in accordance with this license or for backup purposes in support of your use of the SOFTWARE.
3. REVERSE ENGINEERING. You agree that you will not attempt to reverse, compile, modify, translate, create derivate works, or disassemble the SOFTWARE in whole or in part. You agree not to use this software in violation of any law.
4. You have no right to sublicense, resell, lease, rent or loan the Software without an express written permission of VPC. You may transfer the License to another party if both you and the other party you are bona fide end-users and the other party accepts this Agreement and registers the license transfer with VPC. If you transfer the License, you must also transfer all parts of the Software and destroy all your copies.
5. PRODUCT MAINTENANCE. VPC does not provide maintenance or updates to recipients for the Product. However, any maintenance or updates provided by VPC shall be covered by this Agreement.
6. Limited Warranty: The Software and accompanying materials are supplied "AS IS", WITHOUT ANY WARRANTIES, express or implied. VPC disclaims any warranties of performance, compatibility, fitness for a particular purpose, merchantability or non-infringement. Under no circumstances shall VPC be held liable for any damages, whether incidental or consequential, and all damages shall be limited to the purchase price you paid for this product. VPC is not responsible for anything this software states during a conversation.
7. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL VPC OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE DOWNLOADING, COPYING, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF A VPC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL VPC`S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY. NO LIABILITY FOR INTERRUPTIONS IN ACCESS OF VPC`S SERVER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Your installation or use of the Software shall constitute your implied consent to this agreement and you shall be bound by all the terms and conditions.
10. ENTIRE AGREEMENT. This is the entire agreement between you and VPC, which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.
This shareware software may be distributed without written consent of the Victor Pierobon Company as long as
it visibly indicates the following and abides by the shareware licensing agreement:
Victor Pierobon Consultants Ltd.
174 Betty Ann Drive
Toronto Ontario Canada M2N 1X6
SImte.netl is given permission to distribute this demo software for evaluation purposes only.