END-USER LICENSE AGREEMENT
FOR
All Software distributed by
EMPIRICAL DATA SOLUTIONS, Inc.
a State of Georgia registered Corporation
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Empirical Data Solutions Inc. (hereafter referred to as THE COMPANY) for the product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT; you may, however, return it to your place of purchase for a full refund.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
Applications Software. You may install and use one copy of the SOFTWARE
PRODUCT, or any prior version, on a single computer. The primary user of the
computer on which the SOFTWARE PRODUCT is installed may make a second copy for
his or her exclusive use on a portable computer.
Storage/Network Use. You may also store or install a copy of the SOFTWARE
PRODUCT on a storage device, such as a network server, used only to install or
run the SOFTWARE PRODUCT on your other computers over an internal network;
however, you must acquire and dedicate a license for each separate computer on
which the SOFTWARE PRODUCT is installed or run from the storage device. A
license for the SOFTWARE PRODUCT may not be shared or used concurrently on
different computers.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Not for Resale Software. If the SOFTWARE PRODUCT is labeled "Not for
Resale" or "NFR," then, notwithstanding other sections of this EULA, you may
not resell, or otherwise transfer for value, the SOFTWARE PRODUCT.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You
may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT,
except and only to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation.
Separation of Components. The SOFTWARE PRODUCT is licensed as a single
product. Its component parts may not be separated for use on more than one
computer.
Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
Support Services. The company may provide you with support services
related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services
is governed by the policies and programs described in the user manual, in
"online" documentation, and/or in other provided materials. Any supplemental
software code provided to you as part of the Support Services shall be
considered part of the SOFTWARE PRODUCT and subject to the terms and
conditions of this EULA. With respect to technical information you provide to
THE COMPANY as part of the Support Services, THE COMPANY may use such
information for its business purposes, including for product support and
development. THE COMPANY will not utilize such technical information in a form
that personally identifies you.
Software Transfer. You may permanently transfer all of your rights under
this EULA, provided you retain no copies, you transfer all of the SOFTWARE
PRODUCT (including all component parts, the media and printed materials, any
upgrades, and this EULA), and the recipient agrees to the terms of this EULA.
If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior
versions of the SOFTWARE PRODUCT. BETA versions are not transferable.
Termination. Without prejudice to any other rights, THE COMPANY may
terminate this EULA if you fail to comply with the terms and conditions of
this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT
and all of its component parts.
3. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are licensed by THE COMPANY or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
4. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is The Home Specialist Inc. 130 Creekmont Court Roswell, GA 30076
6. The SOFTWARE PRODUCT may contain mandatory systems software upgrades required for proper operation of the SOFTWARE PRODUCT. Any such systems software upgrades are licensed to you pursuant to the same terms as provided in your license to the software.
7. The SOFTWARE PRODUCT is intended for distribution only in the United States.
8. MISCELLANEOUS
This EULA is governed by the laws of the State of Georgia.
9. LIMITED WARRANTY
To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days.
10. CUSTOMER REMEDIES. This company's entire liability and your exclusive remedy shall be, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT. REMEDY TO BE DETERMINED BY COMPANY. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE COMPANY'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.$5.00.