This is a legal agreement between you (either an individual or an entity) and Findex.com, Inc. ("Findex.com"). BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, AND YOU ARE THE ORIGINAL PURCHASER OF THE SOFTWARE, PROMPTLY RETURN THE SOFTWARE (INCLUDING PRINTED MATERIALS) TO THE PLACE WHERE YOU PURCHASED IT FOR A FULL REFUND.
FINDEX.COM SOFTWARE LICENSE
GRANT OF LICENSE. This License Agreement permits you to use one copy of Findex.com software (the "Software"), which may include electronic documentation, on a single computer/workstation. The Software is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into permanent memory (e.g., hard disk, CD-ROM drive, or other storage device) of that computer. You may not use the software on or over a network or any other transfer device without each concurrent user having an original copy of the Software and its documentation.
COPYRIGHT. All intellectual property rights in the Software (including all animations, audio, images, maps, music, photographs, video, and text incorporated into the Software) are owned by Findex.com and its affiliates, suppliers, and licensors, and are protected by United States copyright laws and international treaty provisions. Findex.com and its affiliates, suppliers, and licensors retain all rights not expressly granted. You must treat the Software like any other copyrighted material, except that you may make one copy of the Software solely for backup or archival purposes. You may not copy the printed materials accompanying the Software. You may not rent or lease the Software, but schools and libraries may lend the Software to third parties provided the Software is in CD format and each end user is given a copy of this License Agreement which will govern the use of such Software. You may transfer your rights under this Agreement on a permanent basis provided you transfer the license granted by this Agreement, and the Software and all associated printed materials, and you retain no copies, and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile, or disassemble the Software, except to the extent that this restriction is expressly prohibited by applicable law. You may not distribute printed copies of any user documentation provided in electronic format. The restrictions contained herein apply equally to hybrid CD-ROMs which may contain multiple versions of the Software for use on different operating systems. Regardless of the type of media you receive, you may use only the portion appropriate for your single-user computer/workstation.
LIMITED WARRANTY
LIMITED WARRANTY. Findex.com and its affiliates, suppliers, and licensors warrant that the media on which the Software is distributed are free from defects in materials and workmanship for a period of ninety (90) days from the time of receipt. ANY AND ALL OTHER IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO NINETY (90) DAYS.
REMEDIES. Your exclusive remedies shall be, at Findex.com's sole option, (a) the refund of the amount you paid for the Software or (b) repair or replacement of the Software provided that the defective Software is returned to Findex.com or an authorized dealer within ninety (90) days from the date of purchase. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or ninety (90) days, whichever is longer.
LIMITATION OF LIABILITIES. IN NO EVENT WILL FINDEX.COM OR ITS AFFILIATES, SUPPLIERS, AND LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, COVER, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, USER DOCUMENTATION, OR RELATED TECHNICAL SUPPORT, INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, OR COMPUTER PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FINDEX.COM'S AND ITS AFFILIATES', SUPPLIERS', AND LICENSORS' LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
U.S. GOVERNMENT RESTRICTED RIGHTS
U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and user documentation is provided with RESTRICTED RIGHTS AND LIMITED 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. Findex.com, Inc., 11640 Arbor Street, Omaha, NE 68144.
IMPORTANT NOTE: In order to receive technical support and notification of product upgrades and enhancements, please register this product.
Copyright Responsibilities
This software program contains copyrighted materials which are licensed to you for your personal use, subject to the terms of the FindEx License Agreement included with this software package and the statement below entitled "Use of Animations, Photographs, Images, Videos, Text, Music and Sounds." It is illegal to duplicate or distribute any part of this software program, except as stated in the FINDEX License Agreement and as detailed below.
Use of Animations, Photographs, Images, Videos, Text, Music and Sounds
Subject to the restrictions described below, you may use the Animations, Photographs, Images, Videos, Text, Music and/or Sounds contained in this software product (the "Content") for your PERSONAL, NON-COMMERCIAL USE in connection with private presentations, private reports, academic non-published reports, and other similar non-public uses. You may also publicly display or demonstrate the software program in unaltered form on your computer.
1. You may NOT include the Content in any item that is offered for sale.
2. You may NOT modify or alter the Content in any way.
3. You may NOT incorporate the Content into any materials which are publicly distributed or displayed, including, any such advertisements, public presentations (including public multimedia presentations), greeting cards, invitations, announcements, calendars, catalogs, or other similar uses.
4. You may NOT resell, sublicense or distribute the Program or any of the Content in any electronic form, including, on any on-line service or the Internet. For example, you may NOT include Content in another software product for resale, or distribute the Content on any on-line bulletin board service or place the Content on a Web page.
5. You may NOT use photos or images of people or identifiable entities in any manner which suggests the endorsement or association of any product or service or in connection with any pornographic or immoral materials.
6. You must credit the software program as follows: Copyright (c) 2000 FindEx.com, Inc., and its licensors.
