Under this Software License Agreement (the “Agreement”), DJI
Computer Solutions (the “Vendor”) grants to the user (the
“Licensee”) a non-exclusive and non-transferable license (the
“License”) to use Checkbook for Excel (the “Software”).
“Software” includes the executable computer programs and any related
printed, electronic and online documentation and any other files that
accompany the product.
Title, copyright and intellectual
property rights and distributions rights of the Software remain
exclusively with the Vendor. Intellectual property rights include the
look and feel of the Software. This Agreement constitutes a license for
use only and is not in any way a transfer of ownership rights of the
Software.
The Software may be loaded on more than
one computer system, as long as the Software will not be used on more
than one computer system simultaneously. Licensee will not make copies
of the Software or allow copies of the Software to be made by others,
unless authorized by this License Agreement. Licensee may make copies of
the Software for backup purposes only.
The rights and obligations of this
Agreement are personal rights granted to the Licensee only. The Licensee
may not transfer or assign any of the rights or obligations granted
under this Agreement to any other person or legal entity. The Licensee
may not make available the Software for use by one or more third
parties.
The Software may not be modified, reverse-engineered, or de-compiled
in any manner through current or future available technologies.
Failure to comply with any of the terms
under the License section will be considered a material breach of this
Agreement.
License Fee
The original purchase price paid by the
Licensee will constitute the entire license fee and is the full
consideration for this Agreement.
Limitation of Liability
The Software is provided by the Vendor
and accepted by the Licensee “as is”. Liability of the Vendor will be
limited to a maximum of the original purchase price of the Software. The
Vendor will not be liable for any general, special, incidental or
consequential damages including, but not limited to, loss of production,
loss of profits, loss of revenue, loss of data, or any other business or
economic disadvantage suffered by the Licensee arising out of the use or
failure to use the Software.
The Vendor makes no warranty expressed or implied
regarding the fitness of the Software for a particular purpose or that
the Software will be suitable or appropriate for the specific
requirements of the Licensee.
The Vendor does not warrant that use of the Software
will be uninterrupted or error-free. The Licensee accepts that software
in general is prone to bugs and flaws within an acceptable level as
determined in the industry.
Warrants and Representations
The Vendor warrants and represents that it is the
copyright holder of the Software. The Vendor warrants and represents
that granting the license to use this Software is not in violation of
any other agreement, copyright or applicable statute.
Acceptance
All terms, conditions, and obligations of this Agreement
will be deemed to be accepted by the Licensee (“Acceptance”) on
installation of the Software.
User Support
The Licensee will be entitled to Email Technical
Support, at no additional cost, for a period of three years.
The Licensee will be entitled to maintenance upgrades
and bug fixes, at not additional cost, for a period of three years.
Term
The term of this Agreement will begin on Acceptance and
is perpetual.
Termination
This Agreement will be terminated and the License
forfeited where the Licensee has failed to comply with any of the terms
of this Agreement or is in breach of this Agreement. On termination of
this Agreement for any reason, the Licensee will promptly uninstall and
delete the Software along with any copies in their possession.
Force Majeure
The Vendor will be free of liability to the Licensee
where the Vendor is prevented from executing its obligations under this
Agreement in whole or in part due to Force Majeure, such as earthquake,
typhoon, flood, fire, death, and war or any other unforeseen and
uncontrollable event where the Vendor has taken any and all appropriate
action to mitigate such an event.
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