|
THIS AGREEMENT IS BETWEEN YOU ('CUSTOMER') AND SOFTWARE SUCCESS LLC ('PROVIDER') WITH REGARDS TO YOUR USE OF RECORD AND SEND
('SOFTWARE') DISCLAIMER. SOFTWARE IS PROVIDED AS-IS. FULL REFUND AVAILABLE FOR 60 DAYS AFTER PURCAUSE. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING,
USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TOTHE EXTENT ALLOWED BY APPLICABLE LAW. LIABILITY. IN NO
EVENT SHALL PROVIDER BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR
FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF PROVIDER TO CUSTOMER EXCEED THE PRICE PAID BY CUSTOMER. THE
FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS OF ITS ESSENTIAL
PURPOSE. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. CUSTOMER SHALL NOT: COPY, IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE. SOFTWARE MAY AT ANY TIME COMMUNICATE WITH SUCCESS SOFTWARE LLC
SERVERS TO VALIDATE OR AUTHENTICATE PAID ACTIVATION STATUS. LEGITIMATE PURPOSE:
CUSTOMER SHALL NOT USE SOFTWARE FOR ANY PURPOSE THAT VIOLATES FEDERAL, STATE AND LOCAL LAWS. CUSTOMER SHALL NOT USE SOFTWARE TO GENERATE OR FACILIATE UNSOLICITED BULK COMMERCIAL EMAIL. CUSTOMER AGREES TO HOLD HARMLESS AND INDEMNIFY PROVIDER IN ANY CIVIL ACTION WHICH IS THE RESULT OF CUSTOMER'S USAGE OF SOFTWARE. THIS AGREEMENT SHALL BE GOVERNED BY THE
CONSTRUED IN ACCORDANCE WITH THE LAWS, STATUTES AND REGULATIONS OF INDIANA, USA, AS IF PERFORMED WHOLLY WITHIN THE STATE AND WITHOUT GIVING
EFFECT TO THE PRINCIPLES OF CONFLICT OF LAW. IF
ANY PORTION HEREOF IS FOUND TO BE VOID OR UNENFORCEABLE, THE REMAINING PROVISIONS OF THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT. THIS
AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEN THE PARTIES WITH RESPECT TO THE USE OF THE SOFTWARE. CUSTOMER DOWNLOADING AND/OR INSTALLING SOFTWARE CONSTITUTES AN AGREEMENT OF THIS TERMS OF AGREEMENT.
SOFTWARE SUCCESS OFFERS NO GUARANTEE OR WARRANTEE OF ANY KIND FOR THE SOFTWARE. FULL REFUND AVAILABLE FOR 60 DAYS AFTER PURCAUSE.
|