ProfitFab, Software License Agreement
DO NOT USE OR INSTALL THIS SOFTWARE UNTIL YOU HAVE CAREFULLY READ THIS AGREEMENT AND AGREE TO THE TERMS OF THIS LICENSE. BY INSTALLING THIS SOFTWARE PACKAGE, YOU ARE AGREEING TO THE TERMS OF THIS LICENSE.
This software license agreement, for the ProfitFab program and all subsequent versions thereof, is displayed here so you can read it before installing the program. If you do not agree to the terms and conditions of this software license agreement, return this software and all items that are a part of the product to whom you obtained them from.
1. License – The Software enclosed is licensed, not sold, to you by G & G Software Solutions for use under the terms of this license.
A.) This non-exclusive license allows you to use the software in a network environment, for and only for the number of administrative users that you purchased or leased the software.
B.) Installing this software in more than one location on any computer, other than Back-up purposes is considered to be a violation of the license agreement.
C.) Licenses under the lease program are valid only during a paid lease term, normally a one-year period. If a lease payment is not received by the expiration date of the lease term and reinstatement is requested, the lease payments and terms are subject to change.
D.) Licenses under the purchase program will be given registration codes at no charge on a timely basis to prevent unlicensed use of the Software.
E.) An Upgrade Protection Plan (UPP) is available with the purchase of a license(s). UPP is valid only during a paid term, normally a one-year period. If a UPP payment is not received by the expiration date of the UPP term and reinstatement is requested, the UPP payments and terms are subject to change.
F.) There are technological measures used in this Software that are designed to collect usage information, gather system and program information, and prevent unlicensed use of the Software. This information is collected, encrypted and sent to G & G Software Solutions via any available internet connection and used for in-house purposes only, to confirm you have a legally licensed copy of the Software, update registration information, collect and troubleshoot program errors, and to help improve upon our software.
2. Restrictions – You may NOT decompile, reverse engineer, translate, disassemble, or otherwise reduce the software to a human understandable format.
3. Limited Warranty, Disclaimer, Limitation of Liability and Damages
A.) G & G Software Solutions warrants the media on which software is stored to be free from defects in materials and workmanship under normal use for a period of 10 days from the date of original purchase of this product. ProfitFab will replace or repair defective distribution media or media physically damaged during the production process at no charge for the period thereof.
This warranty does not apply if the problem is due to alteration, modification, or misuse of the product, damage caused by the user dropping the product or otherwise subjecting it to strong impact, damage resulting from any of the above by another party, or damage resulting from an act of God.
B.) In the case of damage that occurs within the 90-day warranty period but does not meet the criteria described in the third sentence of paragraph A.) above, the user can make a written request to G & G Software Solutions describing the cause of the damage and G & G Software Solutions may at its own discretion, agree to replace the products.
C.) SOFTWARE, For a period of ninety (90) days from the date you purchase the License, G & G Software Solutions warrants that the Software will perform substantially in accordance with the description in the Documentation. The Software is designed for use with certain computers and operating systems as specified in the Documentation and is not warranted for operation on any incompatible system.
D.) Neither G & G Software Solutions nor anyone involved in the creation or delivery of this product to the user shall have any liability to the user or any third party for special, incidental, or consequential damages (including, but not limited to, loss of profits or savings, downtime, damage to or replacement of equipment and property or recovery or replacement of programs or data) arising from claims based in warranty, contract, tort (including negligence), strict tort, or otherwise even if G & G Software Solutions has been advised of the possibility of such claim of damage.
The user assumes all responsibility arising from the use of this software. G & G Software Solutions liability for damages to the user or others will in no event exceed the actual amount paid for this software product.
E.) REMEDIES, If any part of this product is not as warranted above, G & G Software Solutions will, at its option, repair or replace the nonconforming item at no cost to you, or refund your money, provided you return the product, with dated proof of purchase, to the seller from whom you obtained the product, no later than ten (10) days after the expiration of the applicable warranty period. If G & G Software Solutions determines that the particular item has been damaged by accident, abuse, misuse or misapplication, has been modified without the written permission of G & G Software Solutions, or if any G & G Software Solutions label or serial number has been removed or defaced, these warranties become null and void and you accept full responsibility for the product.
F.) The warranties and remedies set forth in this agreement are exclusive. G & G Software Solutions makes no warranty or representation, either expressed or implied, regarding the merchantability, quality, functionality, performance or fitness of either the media or the information provided on it. G & G Software Solutions expressly disclaims any warranties of merchantability and fitness for a particular purpose. This software is licensed “AS IS”. It is solely the responsibility of the consumer to determine the software’s suitability arising for a particular purpose or use.
4. Copying and Alteration – This license allows you to make multiple copies, provided that the copy is used for backup purposes only. Otherwise, you are not allowed to copy or alter the software yourself, or allow any other parties to copy or alter the software. Reproduction of the documentation provided with this software is expressly forbidden.
5. Transfer
A.) This software is licensed only to you. You may not modify, adapt, translate, rent, lease, sell, assign, transfer, distribute, or otherwise dispose of this software, on a temporary or permanent basis, without the prior written consent of G & G Software Solutions. This license does NOT grant you the right to sub-license this software to another party.
B.) Upon written consent from G & G Software Solutions you may transfer the software and all rights under this license agreement to another party together with a copy of this license, and all documentation accompanying the software, provided the other party agrees in writing to accept the terms and conditions of this license agreement. In the case of such a transfer, you must supply all current and past versions of the software covered by this license to the other party. You must also delete all copies of this software that are in your possession. Transfer of this software shall be prohibited if all of the above conditions are not met.
6. Termination – This license is effective until terminated. You may terminate this license at any time by informing G & G Software Solutions in writing of your intention to do so.
7. Cancellation – This license terminates immediately without any notice from G & G Software Solutions if you fail to comply with any of its provisions.
8. Action following Termination or Cancellation – Upon termination or cancellation of this license agreement, in accordance with paragraph 6 or 7 above, the user will not be allowed further use of the software and shall destroy the software, and manual and all copies thereof.
9. Export Restrictions – You expressly agree that you will not knowingly export or transmit the software outside the country where this product was purchased either physically or by means of transmission over an international network.
10. General
A.) This Agreement shall be governed and construed in accordance with the laws of the state of Texas.
B.) In the event that any provision of this agreement is deemed to be invalid or unenforceable, that provision shall be construed, modified or served to the extent necessary to correct the invalidity on unenforceability, and the other provisions of this agreement shall remain unaffected.
C.) No waiver for any part of this agreement shall be effective without the express prior written consent of G & G Software Solutions. No waiver of any right arising from a breach or failure to perform shall be deemed to be a waiver of any future right under this agreement.
D.) This agreement constitutes the entire agreement between you and G & G Software Solutions and may be amended only, in writing and signed by both parties when agreed upon. No third party is authorized to modify this agreement or to make any representation that differs from this agreement.