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Harvest American, Inc. End User License Agreement

  • Author: Lucinda
  • Create Time: 06/22/2011 14:38:26
  • Last Update Time: 06/22/2011 18:05:47

HARVEST AMERICAN, INC. END USER LICENSE AGREEMENT

 

1.       LICENSE 

Harvest American, Inc. grants you a non-exclusive and non-transferable limited license to use one (1) copy of the data files ("Raffle Ticket," "Number Machine Pro," or "Number Machine" Software, hereby to be known as "Software") accompanying this documentation, for an enterprise wide application, and to use the written materials ("Documentation") accompanying the Software, in accordance with the terms and conditions of this Agreement.  The Software is licensed to be installed on one (1) computer, with an unlimited number of users on that one (1) computer. This license does not include the rights to install the Software on a network with access from multiple computers.

 

2.       COPYRIGHT AND OTHER PROPRIETARY RIGHTS

The Software, and Documentation are owned by Harvest American, Inc., are protected by United States copyright laws and international treaty provisions, and may also be protected by other laws.  You may either (a) copy the Software solely for backup or archival purposes, or (b) transfer the Software to a single hard disk or other storage device of a single server provided that you keep the original solely for backup or archival purposes.  You must reproduce and include Harvest American, Inc.’s copyright and other proprietary rights notices on copies of the Software and Documentation.  You may only copy the Documentation for the number of users authorized to share the Software on a network.  Harvest American, Inc. retains all rights, title, interest, and ownership of, in, and to the Software, copies of the Software, the Documentation, and copies of the Documentation.  Harvest American, Inc. reserves the right to modify and/or enhance the Software, or Documentation without obligation to notify you of such changes or to furnish them to you.  

 

3.       ADDITIONAL RESTRICTIONS

You may not loan, rent, lease, or distribute the Software, and/or the Documentation.  You may not assign or transfer this license, the Software, any copies of the Software, and/or the Documentation, or any copies of the Documentation without first obtaining prior written permission from Harvest American, Inc.. Requests for such permission should be sent to Harvest American, Inc., and should: (a) set forth the name and address of the proposed transferee of this license, the Software, and Documentation; (b) state that you agree to retain no copies of the Software or Documentation upon such transfer; and (c) include a statement signed by the proposed transferee indicating agreement to the terms and conditions of this Agreement.  Any unauthorized attempt to sub license, assign, or transfer any of your rights, duties, or obligations under this Agreement is void. 

You may not reverse engineer, decompile, or disassemble the Software, and you may not modify, translate, or create derivative works from the Software.  You agree to protect the Software, and Documentation from unauthorized publication, use, reproduction, and/or distribution.  YOU MAY NOT USE, COPY, OR TRANSFER THE SOFTWARE, ANY COPIES OF THE SOFTWARE, AND/OR THE DOCUMENTATION, OR ANY COPIES OF THE DOCUMENTATION IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. 

 

4.       LIMITATIONS OF LIABILITY

 

Except as expressly set forth above, Harvest American, Inc. makes no other warranties of any kind, and Hereby disclaims all other warranties, both express and implied, including but not limited to warranties of merchantability and fitness for a particular use or purpose, and any implied warranty arising from course of performance, course of dealing or usage of trade. 

The Software provided and the documentation are provided "as is" without warranty of any kind.  Harvest American, Inc. does not warrant that the Software will meet your requirements, that the operation of the Software will be uninterrupted or error free, or that all defects in the Software will be corrected.  You assume sole responsibility for the selection of the  Software to achieve your desired results and for the installation and use of the Software.  The entire risk as to the quality, performance, and results of the Software is with you.  Should the Software prove defective you, not Harvest American, Inc. or its suppliers, assume the entire cost of all necessary servicing, repair or correction. 

No oral or written information or advice given by Harvest American, Inc., its dealers, distributors, or agents shall create a warranty or in any way increase the scope of this limited warranty, and you may not rely on any such information or advice as a warranty. 

If the disclaimer of implied warranties is not permitted by applicable law, then any warranties implied by law, including, but not limited to, warranties of merchantability and fitness for a particular purpose, are hereby limited in duration to ten (10) days from the date you received delivery. 

Some states do not allow limitations on the duration of implied warranties, so the above limitations may not apply to you.  This limited warranty gives you specific legal rights.  You may have other rights, which vary from state to state. 

 

5.       LIMITATIONS OF REMEDIES

Harvest American, Inc.’s entire liability and your exclusive remedy under this Agreement shall be, at Harvest American, Inc.’s option, either (a) replacement of any file which has not met Harvest American, Inc.’s "Limited Warranty" and which is returned to the place where you obtained it, or (b) refund of the price paid by you for this license to use the Software if Harvest American, Inc. is unable to deliver a replacement file free of defects in materials and workmanship.

In no event shall Harvest American, Inc. or its suppliers be liable for any damages whatsoever, including, without limitation, damages for loss of profits, business interruption, loss of data or information, pecuniary loss, or other indirect, special, consequential, or incidental damages, arising out of the use or inability to use the Software, however caused and on any theory of liability, even if Harvest American, Inc.  has been advised of the possibility of such damages.  In no event Harvest American, Inc. 's liability, however founded, exceed the price paid by you for this license.  Some states do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations or exclusions may not apply to you.

 

6.    LIMIT OF GUARANTEE

Harvest American, Inc. does not guarantee the accuracy of tax tables or tax calculations as it applies to any given transaction.  You agree to bear full responsibility for the determination of the accuracy and applicability of any given rate or calculation as it applies to any given transaction.

 

7.    SITUS

This agreement shall be construed and governed in accordance with
the laws of the State of  Wyoming.



8.    ENTIRE AGREEMENT

This agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein.

9.    MODIFICATION

This agreement may not be modified except in writing duly signed by the parties.

10.  PARTIAL INVALIDITY

If any provision of this agreement is held to be invalid or unenforceable, all other provisions shall continue in full force and effect.

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