Mortgage Minder distribution permissions and end-user license agreement
Terms and Conditions
SET OUT BELOW ARE THE TERMS AND CONDITIONS UNDER WHICH YOU ARE PERMITTED TO USE MORTGAGE MINDER SOFTWARE ("MORTGAGE MINDER"). PLEASE READ THIS INFORMATION CAREFULLY. BY INSTALLING THE MORTGAGE MINDER SOFTWARE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. ONCE ACKNOWLEDGED, THIS DOCUMENT WILL CONSTITUTE A LEGAL AGREEMENT BETWEEN CHUCK WARRIX (referred to as "THE AUTHOR" hereinafter) AND YOU AND SUCH ENTITY (collectively referred to as "You" or "Your" hereinafter) GOVERNING ALL USE OF MORTGAGE MINDER.
THE AUTHOR grants You a non-exclusive, royalty-free license to use MORTGAGE MINDER and all modifications and upgrades thereof, solely for personal use and for no other purpose so long as you received said software directly from an authorized and licensed distributor. If the Pro version was purchased, it may be used for professional purposes. A single license grants you the right to use this software on one machine at a time. If You intend to use Mortgage Minder in a business situation and install it on more than one computer, You MUST purchase a license for each machine.
Disclaimer of Warranty
Your use of Mortgage Minder is at Your sole risk. THE AUTHOR warrants that MORTGAGE MINDER will be free from defect on the day you receive it which constitutes the author`s sole and exclusive warranty. THE AUTHOR EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE AUTHOR DOES NOT WARRANT THAT MORTGAGE MINDER WILL MEET ALL OF YOUR REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN MORTGAGE MINDER WILL BE CORRECTED. FURTHERMORE, THE AUTHOR DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF YOUR USE OF MORTGAGE MINDER IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY THE AUTHOR OR AN AUTHORIZED REPRESENTATIVE OF THE AUTHOR SHALL CREATE A WARRANTY.
In the event of a breach of the express warranty provided in the section above, the author will replace MORTGAGE MINDER with another copy of MORTGAGE MINDER, if available; provided that you return the defective copy of MORTGAGE MINDER to THE AUTHOR within thirty (30) days of the date you receive it. You acknowledge that this section sets forth Your SOLE AND EXCLUSIVE remedy and THE AUTHOR`S SOLE AND EXCLUSIVE liability, for breach of warranty or any other duty.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES IN TORT, CONTRACT, PRODUCT LIABILITY OR UNDER ANY OTHER THEORY OF LAW RESULTING FROM THE INSTALLATION OR REMOVAL OF MORTGAGE MINDER, OR YOUR USE, OR INABILITY TO USE, MORTGAGE MINDER, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, DATA, OR BUSINESS, AND DAMAGE TO YOUR INTERNAL COMPUTER SYSTEMS EVEN IF THE AUTHOR, OR AN AUTHORIZED REPRESENTATIVE OF THE AUTHOR, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES IS EFFECTIVE EVEN IF THE EXCLUSIVE REMEDY STATED IN THE REMEDIES SECTION ABOVE FAILS OF ITS ESSENTIAL PURPOSE.
Controlling Law and Severability
This License shall be governed by and construed in accordance with the laws of the United States and the State of Ohio. If for any reason a court of competent jurisdiction finds any provision of this License, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties and the remainder of this License shall remain in full force and effect. Any cause of action with respect to MORTGAGE MINDER must be instituted within one year after the claim or cause of action has arisen or be barred.
MORTGAGE MINDER and all Materials provided by THE AUTHOR under this License are confidential and proprietary to THE AUTHOR. You agree to hold them in confidence, not to use them other than in connection with MORTGAGE MINDER and the performance of this License. Use of MORTGAGE MINDER by or for the benefit of third parties except as outlined in this agreement is expressly prohibited.
THE AUTHOR holds and retains all worldwide rights, title and interests, including without limitation, copyright, in and to MORTGAGE MINDER and the disk on which it is provided to You. You acknowledge that THE AUTHOR is not selling or otherwise transferring title in MORTGAGE MINDER or the disk to You. You may not copy, modify, translate, adapt, reproduce, decompile, reverse engineer or disassemble MORTGAGE MINDER except as outlined in the distributor license agreement. You may not transfer, transmit or disclose MORTGAGE MINDER or any related manuals, documentation or other items provided by THE AUTHOR pursuant to this License to any third party without THE AUTHOR`S written approval.
Copyright (c) 1996-2004 Chuck Warrix, All Rights Reserved Worldwide
You may include MORTGAGE MINDER on any CD compilation.
You may not sell the evalution copy.
You must disclose that MORTGAGE MINDER is SHAREWARE and the product is not free.