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.