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Quick-XL |
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END-USER LICENSE AGREEMENT FOR Quick-XL IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between You (either an individual or a single entity) and Howard Rose Associates, Inc. for the non-exclusive use of the Quick-XL software product for the time period described in the 'Subscription Entry' web page (a part of this website). By subscribing, installing, copying, or otherwise using Quick-XL, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, do not subscribe, install, copy, or use the Quick-XL program. OWNERSHIP: Quick-XL is the sole property of Howard Rose Associates, Inc. In this agreement which ensues below, the term "Howard Rose Associates, Inc.", "We" or "Our" shall be construed to mean the owner of the Quick-XL software product, even if the ownership of the Quick-XL product is sold to some other person or entity. "You" or "Your" shall be construed to mean the owner of the computer upon which Quick-XL resides (Quick-XL is licensed to reside on one computer per subscription) even if that computer is sold or given to a person or entitiy other than the original subscriber. SOFTWARE PRODUCT LICENSE: Quick-XL is protected by copyright laws, patent law and international copyright treaties, as well as other intellectual property laws and treaties. Quick-XL is licensed for a specific time period by subscription, not sold. DEPENDENCIES: Quick-XL is an add-on to the Microsoft Excel® product. A seperate license from the Microsoft Corporation to use Excel is required for Quick-XL to function. The Microsoft Corporation neither owns, supports, endorses, is an affiliate of Howard Rose Associates, Inc. nor does it have any interest in the Quick-XL product. NO WARRANTIES: To the maximum extent permitted by applicable law, Howard Rose Associates, Inc. expressly disclaims any warranty for the operation of Quick-XL. Quick-XL and any related documentation are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose. The entire risk arising out of use or performance of Quick Excel remains with You. As with all computer programs, Quick-XL might not function as intended under certain circumstances due to programming errors. While it is Our intention to correct programming errors whenever we become aware of them, no guaranty is made as to the timeliness of any programming fixes or that new errors will not be inadvertently introduced into the Quick-XL program as a result of the correction of an error. However, if You are not happy with Quick-XL for any reason within the first 30 days from the commencement of your first subscription, Howard Rose Associates, Inc. will refund your subscription price. NO LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES: To the maximum extent permitted by applicable law, in no event shall Howard Rose Associates, Inc. or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of, or inability to use Quick-XL, even if Howard Rose Associates, Inc. or any representative thereof has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion of or limitation of liability for consequential or incidental damages, portions of the above limitation might not apply to You. GRANT OF LICENSE: This EULA grants You the following non-exclusive rights: You may install Quick-XL on one computer. You may use Quick-XL on any number of Excel spreadsheets on that computer. You agree to indemnify, hold harmless, and defend Howard Rose Associates, Inc. from and against any claims or lawsuits that arise or result from the use of Quick-XL. COPYRIGHT AND PATENT RIGHTS: All rights, title, patent rights and copyrights in and to Quick-XL (including, but not limited to, any images, logos, photographs, animations, video, audio, music, text, and "applets" incorporated into Quick-XL and any copies of the Quick-XL software are owned by Howard Rose Associates, Inc.or its suppliers. You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content of the Quick-XL program or of the Quick-XL.com website without Our express written permission.You may not copy the printed or computer readable materials, if any, accompanying the Quick-XL product, including 'web pages', 'help files', 'marketing materials', 'installation instructions' or 'operating instructions'. You may, however make a single copy of the Quick Excel software and key delivered to You as e-mail attached files for back-up purposes. All spreadsheet files produced by or altered by Quick-XL belong to You. OTHER RIGHTS AND LIMITATIONS: You may not reverse-engineer, decompile, or disassemble the Quick-XL code, attempt to bypass passwords, attempt to read source code, except and only to the extent that such activity is expressly required by applicable law. You may not rent or lease Quick-XL. You may transfer Quick-XL to an other person or entity provided the the computer upon which it is installed is transferred as well and that the recipient of the computer agrees to abide by the terms of this EULA. TERMINATION: Without prejudice to any other rights, Howard Rose Associates, Inc. may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such event, You must destroy all copies of Quick-XL and all of its component parts. You may terminate Your subscription to use Quick-XL for any reason or for no reason. In no event, shall You be entitled to any refund for the unused term of Your subscription. EXPORT RESTRICTIONS. You agree that neither You nor any of Your employees, partners, vendors, agents or associates intend to or will, directly or indirectly, export or transmit Quick-XL or related documentation (or any part thereof), to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission. LIMITATIONS UPON CUSTOMER OUTSIDE OF THE UNITED STATES OF AMERICA: All rights and responsibilities with respect to this agreement shall be subject to and only to the laws of the United States of America. No mandates of any world body or organization shall be construed as valid, even if that body is sanctioned by, approved of, or has a treaty with or other agreements with the government of the United States of America. VENUE FOR RESOLVING ISSUES WITH RESPECT THIS EULA: This EULA is governed by the laws of the State of California. Should any legal action be taken with regard to this EULA or Quick-XL, the venue shall be in San Mateo County in the City of Redwood City in the State of California in the United States of America. LIMITATION OF LIABILITY: Howard Rose Associates, Inc.'s entire liability and Your exclusive remedy under this EULA shall not exceed the cost of Your subscription. HEADINGS ARE FOR REFERENCE ONLY: Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of text that they head. FAILURE TO ACT: Our failure to act or delay in acting with respect to a breach of this agreement by You or others does not waive Our right to act with respect to such a breach nor does it prevent us from acting with respect to any subsequent or similar breaches. SEVERABILITY: If any portion of this agreement is found to be invalid or not applicable by a court of competant jurisdiction, then the inapplicable or invalid portion shall be striken from the EULA and the EULA shall be construed as though that striken portion had not existed. ENTIRE AGREEMENT: This EULA constitutes the entire agreement between You and Howard Rose Associates, Inc. with respect to the use of Quick-XL. Enjoy Quick-XL, You're going to love it.
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Copyright(c) 2008, Patent Pending all rights reserved. |
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