End-User Product Agreement

Copyright © 2014 [Application] Corporation. All Rights Reserved.

 

GENERAL

 

Proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

TERMS OF USE

 

AGREEMENT BETWEEN YOU AND [APPLICATION] IMPORTANT - READ CAREFULLY BEFORE USING THIS PRODUCT. BY USING THIS PRODUCT, YOU AGREE WITH THESE TERMS OF USE. The Product consists of intellectual property and related service provided by [Application] or its affiliates, and is protected by national copyright laws and international copyright treaties. These Terms of Use apply to the Product. The Product is offered to you conditioned on your acceptance without modification of the Terms of Use. Your use of the Product constitutes your agreement to all provisions of these Terms of Use.

 

PRODUCT DISCLAIMER

 

Do not use any other tools such as database tools, self-made program to modify [Application] Product database or data structure. Any modification within [Application] Product database or data structure  without supervision from authorized person from [Application] can harm and stop [Application] Product from normal function. If you use any tools that directly correspond with [Application] Product database or data structure, you risk destroying the integrity of your data and lost historical data and the relation. [Application] Product used some types of tables convention developed by [Application] that are interrelated one to other. [Application] Product could change many tables at once from its front end. When you modify [Application] Product database using anything other than [Application] Product then you might change a record in one table without making corresponding changes in related tables. If your tables get out of synchronization with each other, you risk retrieving erroneous information and you risk unpredictable results throughout [Application] Product. When you use [Application] Product front end to modify your data, [Application] Product automatically checks that your changes are valid. [Application] Product also keeps track of who changes information, but, if you enter information into [Application] Product database tables using other tools, you may store invalid records.

 

 

 

PRODUCT LICENSE AND CERTAIN RESTRICTIONS

 

You may use one copy of this Product based on licensing scheme, including any term(s) and condition(s), given by [Application]. A copy of this Product is considered in use when loaded into temporary memory and/or installed on a permanent storage device. You may NOT install more than one copy of the without written permission by [Application]. You acknowledge that the Product, including its database and source(s), is proprietary to [Application] and its affiliates/subsidiaries. You agree to hold the Product, including its database and source(s) in confidence, disclosing the Product only to authorized employees having a need to use the Product as permitted by this Agreement and to take all reasonable precautions to prevent disclosure to other parties. Making additional copies of the Product or enabling others to use your license key(s) or right(s), if any, is strictly prohibited. It is also prohibited to give copies to a person who has not purchased a license for the Product from [Application]; to install the Product on computers used by individuals who have not purchased licenses for the Product from [Application]; or to duplicate the Product by any other means including electronic transmission. The Product in its entirety is protected by the copyright laws. The Product also contains [Application] trade secrets, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Product to human-perceivable form or disable any functionality, which limits the use of the Product. You may NOT modify, adapt, translate, rent, lease, sublicense, assign, loan, resell for profit, or distribute the Product, disk(s), or related materials or create derivative works based upon the Product or any part thereof. Permission must be obtained before mirroring or redistributing the evaluation copies of the Product.

 

This Agreement does not grant you any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights, franchises or licenses in respect of the Product. Title to and ownership of the Product, any reproductions and any documentation of the Product, shall remain with [Application] and its affiliation. You will not adapt or use any trademark or trade name which is likely to be similar to or confusing with that of [Application] or any of its affiliation or take any other action which impairs or reduces the trademarks rights of [Application].

 

This Product is designed to provide a service with the understanding that [Application] is not engaged in rendering legal, accounting or other professional service. If legal advice or other professional assistance is required, the service of a competent professional person should be sought. It is your responsibility to keep abreast of tax table changes that affect you and to ensure that you follow these changes by law.

 

NO UNLAWFUL OR PROHIBITED USE

 

As a condition of your use of the Product, you will not use the Product for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to the Product, other accounts, computer systems or networks connected to any server or to any of the services where the Product is installed, run or used, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Product.

 

LIABILITY DISCLAIMER

 

THE INFORMATION, CONTENT AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PRODUCT MAY INCLUDE INACCURACIES OR ERRORS. THE USER ASSUMES ALL RISK OF USE. [APPLICATION] AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE PRODUCT FOR ANY PURPOSE. ALL SUCH INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. [APPLICATION] AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT [APPLICATION] SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS PRODUCT AND RELATED SERVICE. YOU SPECIFICALLY AGREE THAT [APPLICATION] IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT [APPLICATION] IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE SOFTWARE BY ANY THIRD PARTY.

IN NO EVENT SHALL [APPLICATION] AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PRODUCT AND RELATED SERVICE, WITH THE DELAY OR INABILITY TO USE THE PRODUCT AND RELATED SERVICE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PRODUCT AND RELATED SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCT AND RELATED SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF [APPLICATION] OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.