invoiceit!Lite - easy invoicing software distribution permissions and end-user license agreement

Software Product License
This End-User License Agreement ("EULA") is a legal agreement between you ("you") and The Scrambled Card Company (SCC) of Auckland, New Zealand for the software product "invoiceit!Lite" ("Software"). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold, and ALL SOFTWARE IS PROVIDED "AS IS."

The Software is developed by SCC of Auckland, New Zealand and is supplied on a try-before-you-buy basis. SCC retains all copyrights to the Software and places certain restrictions on its use during trial and after a license has been issued.

Refunds: because the Software is supplied on a try-before-you-buy basis we do not give refunds. You have 30 days to try the Software and your decision to purchase a license signifies acceptance of this policy.

. Registration: You must register the Software to prevent it from expiring. A registration code will be sent to you by e-mail when you purchase the software license. Follow the instructions in that confidential e-mail. You may not disclose, copy, transmit or otherwise transfer the information contained in that e-mail to any other person.

1. GRANT OF LICENSE: This EULA grants you the following rights:

· Installation and Use: You MAY install and use the Software on no more than one computer or terminal at the same time unless otherwise permitted by SCC in writing. Making copies is permitted for purposes of backup and/or archiving only. Any copies of the Software which this License permits you to make are subject to this EULA.


2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:

· Reproduction and Distribution: You may NOT reproduce and distribute copies of the Software without the express written consent of SCC. You may NOT sell or hire this Software to anyone without the express written consent of SCC.

· Limitations on Reverse Engineering, Decompilation, and Disassembly: You may NOT reverse engineer, decompile or disassemble the Software or any of its files and components, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

· Support Services: SCC will provide you with support services ("Support Services") related to the Software at their discretion.

· Software Transfer: You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. SCC must be notified in writing of the new licensee's name and address.

· Termination: Without prejudice to any other rights of SCC's, your rights under this EULA will terminate automatically without notice from SCC if you fail to comply with any term(s) of this EULA. In such event you must destroy all copies of the Software and any related materials.

3. COPYRIGHT: All right, title and interest in and to the Software (including the copyrights in the Software and including, but not limited to, any images incorporated into the Software), the accompanying printed materials (if any), and any copies of the Software are owned by SCC. The Software is protected by copyright laws and international treaty provisions. Except as permitted by applicable law and this License, you may not modify, rent, lease, loan, sublicense, or create derivative works from the Software.

4. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software is provided "AS IS" and without warranty of any kind and SCC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SCC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, SCC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SCC OR AN AUTHORIZED REPRESENTATIVE OF SCC'S SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SCC OR AN AUTHORIZED REPRESENTATIVE OF SCC'S) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
SCC OR AN AUTHORIZED REPRESENTATIVE OF SCC'S) ACCEPT NO RESPONSIBILITY WHATSOEVER FOR CONSEQUENCES ARISING FROM DATA LIMITS, INCLUDING BUT NOT RESTRICTED TO LOSS OF BUSINESS AND LOSS OF INCOME.

5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SCC OR ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS LICENSE, EVEN IF SCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SCC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID FOR THIS LICENSE TO THE SOFTWARE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

6. MISCELLANEOUS: If for any reason a court of competent jurisdiction finds any provision, or portion of this EULA, to be unenforceable, the remainder of this EULA shall continue in full force and effect. This EULA constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless in writing and signed by SCC.

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