PRODUCT: DealMaven FastTrack Version 3.0 for Microsoft Excel (the "Product")
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (the individual using the Product on a particular machine, the "User") and DealMaven, Inc. ("DealMaven"). You agree to be bound by the terms of this EULA by installing, copying, or otherwise using the Product. If you do not agree with any of the terms and conditions below, DO NOT install or use the Product and return the Product immediately to DealMaven.
Through this EULA, DealMaven grants the User an individual license to use the Product. The Product consists of a software application and related documentation. No sublicensing is permitted and the User may not transfer the license to any third parties for any purpose. The User may not sell, rent, lease, or lend the Product to any third party.
The Product is licensed as a single product and its component parts may not be separated for use by more than one user or for use on more than one computer. The User may not modify, reverse engineer, decrypt, decompile or disassemble the Product. The User may not transfer the Product to any third parties to modify, reverse engineer, decrypt, decompile or disassemble the Product. The User may not disclose or provide any of the source code or contents obtained from the Product to any third parties.
If the Product is labeled or otherwise identified by DealMaven as an upgrade or an update (an "Upgrade Product"), the User must be properly licensed to use a product identified by DealMaven as being eligible for the Upgrade Product in order to use the Product. The Upgrade Product replaces and/or supplements the product that formed the basis for the User's eligibility for such Upgrade Product. The User may use the resulting upgraded product only in accordance with the terms of this EULA.
The User is hereby informed that the activation and registration processes for the Product involve the automated or manual transfer of a limited amount of data to DealMaven. This data is exclusively used by DealMaven to uniquely identify the machine on which the Product is installed for copy-protection purposes.
The Product and its related support services (if any) are being provided as-is and with all faults (if any), without any representations or warranties, either express, implied, or statutory, including, but not limited to, representations or warranties of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, and of lack of negligence. To the extent implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law, implied warranties on the Product, if any, are limited to ninety (90) days.
Because the Product is inherently complex and may not be free of errors, the User is advised to verify their work and to make backup copies regularly. To the maximum extent permitted by applicable law, in no event will DealMaven be liable for any special, incidental, indirect, economic, cover, or consequential damages whatsoever (including, without limitation, damages or costs relating to the loss of profits or confidential or other information, to business interruption, to loss of goodwill or data, to personal injury, to loss of privacy, to failure to meet any duty including of good faith or of reasonable care, to negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Product, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), strict liability, breach of contract, or breach of warranty of DealMaven, and even if DealMaven has been advised of the possibility of such damages.
Notwithstanding any damages that the User might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of DealMaven under any provision of this EULA and the User's exclusive remedy for all of the foregoing shall be limited to the greater of the amount the User actually paid to DealMaven for the Product or US$5.00 (five US Dollars). The foregoing limitations, exclusions, and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
The User acknowledges that the Product is proprietary and copyrighted material of DealMaven and that DealMaven is the sole owner of all right, title, and interest in the Product. All trademarks and copyrights pertaining to the Product, related documentation, and any copies of the Product are owned or licensed by DealMaven or its affiliated companies. The Product is protected by copyright and trademark laws and international treaty provisions.
The Product is licensed, not sold. Without prejudice to any other rights, DealMaven may terminate this EULA if the User fails to comply with the terms and conditions of this EULA. In such event, the User must destroy any and all copies of the Product and all of its component parts.
This EULA constitutes the entire agreement between the User and DealMaven relating to the Product and its related support services (if any), and it supersedes all prior contemporaneous oral or written communications, proposals, and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any DealMaven policy or additional contract conflict with the terms of this EULA, the terms of this EULA shall prevail. This EULA is governed by the laws of the State of New York.
Should you have any questions concerning this EULA, or if you desire to contact DealMaven for any reason, please e-mail sales@dealmaven.com or write:
