End User License Agreement
IMPORTANT - READ CAREFULLY: This End User License Agreement (hereinafter “Agreement”) is a legal contract between you (either an individual or a single business entity, hereinafter referred to as “Licensee”) and Zandry, LLC, a Delaware limited liability company (hereinafter “Developer”, "Licensor"), for the TABLESCAN TURBO software (the “Software”) in object code only. The term “Software” also includes any supplied corrections, bug fixes, enhancements, updates or other modifications created and supplied by Developer and any user manuals or other documentation supplied in conjunction with the Software.
BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.
1. LICENSE TERMS AND RESTRICTIONS
Subject to the terms and conditions of this Agreement, including the payment of the applicable fees, Developer grants you a personal, limited, non-exclusive, non-transferable license to electronically access and use the Software for which the applicable fee has been paid by you.
You are not licensed or permitted under this Agreement to do any of the following and shall not allow any third party to do any of the following:
A. Access or attempt to access any other Developer systems, programs or data that are not made available for public use;
B. Copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the tablescanturbo.com site;
C. Permit any third party to benefit from the use or functionality of the Software via a rental, lease, timesharing, service bureau, or other arrangement;
D. Transfer any of the rights granted to you under this Agreement;
E. Work around any technical limitations in the Software, use any tool to enable features or functionalities that are otherwise disabled in the Software, or decompile, disassemble, or otherwise reverse engineer the Software except as otherwise permitted by applicable law;
F. Perform or attempt to perform any actions that would interfere with the proper working of the Software, prevent access to or the use of the Software by Developer’s other licensees or customers, or impose an unreasonable or disproportionately large load on Developer’s infrastructure; or
G. Otherwise use the Software except as expressly allowed under this Section.
2. RETURN POLICY
If within 30 days of purchase, a critical aspect or function of the software is found to be defective on your computer, your exclusive remedy shall be, at the Developer's option, either a full refund of the license fee actually paid or correction of the defective software by Developer. You agree, prior to requesting a refund of your purchase price, that Developer will have an opportunity to correct any defects. In the event that a refund is issued, Licensee shall remove or destroy all copies of the Software, and any registration keys associated with the purchase will be deactivated.
3. RESERVATION OF RIGHTS AND OWNERSHIP
The Software is licensed not sold, and Developer reserves all rights not expressly granted to you in this Agreement. The Software is protected by copyright, trade secret and other intellectual property laws. Developer and its licensors own the title, copyright, and other worldwide intellectual property rights in the Software and all copies of the Software. This Agreement does not grant you any rights to trademarks or service marks of Developer.
4. DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SOFTWARE, SERVICES, AND ANY CONTENT ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEVELOPER, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DEALERS AND SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SOFTWARE, SERVICES, CONTENT, AND RELATED MATERIALS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT. DEVELOPER DOES NOT WARRANT THAT THE SOFTWARE IS SECURE OR FREE FROM BUGS, INTERRUPTION, OR ERRORS, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. FURTHER, DEVELOPER DOES NOT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT OR DATA THROUGH THE SOFTWARE OR CONTINUED ACCESS TO ANY TRIAL VERSION OF THE SOFTWARE OR TO THE DATA ENTERED INTO THE TRIAL VERSION OF THE SOFTWARE AFTER THE TRIAL PERIOD OF TIME IS OVER (IF APPLICABLE). SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SOFTWARE, AS APPLICABLE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
5. LIMITATION OF LIABILITY
THE ENTIRE CUMULATIVE LIABILITY OF DEVELOPER, ITS SUPPLIERS, AND SERVICES PROVIDERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE, UNLESS OTHERWISE SEPARATELY AGREED BY DEVELOPER IN WRITING. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEVELOPER, ITS SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, THE LOSS OR CORRUPTION OF DATA, LOSS OF PROFITS OR INVESTMENT, USE OF THE SOFTWARE WITH HARDWARE OR OTHER SOFTWARE THAT DOES NOT MEET DEVELOPER’S SYSTEMS REQUIREMENTS OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF DEVELOPER, ITS SUPPLIERS, SERVICE PROVIDERS, OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Your rights under this Agreement may be terminated or suspended by Developer immediately and without notice if you fail to comply with any term or condition of this Agreement. Upon termination you must immediately cease using the Software and Services. Any termination of this Agreement shall not affect Developer’s rights hereunder.
Developer shall have the right, to change or add to the terms of its Agreement at any time, (provided that it is not Developer’s intent that such change substantially affect the license rights granted to Licensee in Section 1 and for which consideration was paid by you) and to change, delete, discontinue, or impose conditions on any feature or aspect of Software and Services (including but not limited to Internet based services, pricing, technical support options, and other product-related policies) upon notice by any means Developer determines in its discretion to be reasonable, including posting information concerning any such change, addition, deletion, discontinuance or conditions in Software or on any Developer sponsored web site. Any use of the Software by you after Developer's publication of any such changes shall constitute your acceptance of this Agreement as modified.