BEFORE YOU ACCESS OR OTHERWISE USE THE CD CONTAINED IN THIS PACKAGE OR CLICK ON THE "YES" BUTTON ON THE ORDER PAGE OF THIS WEB SITE, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS DOCUMENT. BY USING OR ACCESSING THE CD CONTAINED IN THIS PACKAGE OR BY CLICKING ON THE "YES" BUTTON, YOU ARE AGREEING TO AND CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THE APPLICABLE LICENSE AGREEMENT AS PROVIDED. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SUCH AGREEMENT, THE CD CANNOT BE SHIPPED TO YOU.
GRANT. Subject to the provisions contained herein and full payment of all applicable fees, Royal Associates hereby grants to the end user ("you") a personal, nonexclusive and nontransferable license to use, for its intended use only, the accompanying proprietary computer software product and any documentation provided for the Software , for the term and in the number of copies licensed.
COPYRIGHTS. SUCH SOFTWARE AND DOCUMENTATION ARE THE COPYRIGHTED WORKS OF ROYAL ASSOCIATES AND/OR ITS SUPPLIERS AND ARE PROTECTED BY THE COPYRIGHT LAWS OF THE UNITED STATES.
This license does not grant you any right to any technical support, enhancement or update to the Software and Documentation, except for 30 (thirty) days from the date of purchase of this product. Technical support shall be available only for the then current version. For purposes hereof any upgrade or enhancement of the Software obtained during the period of the license shall be deemed part of the "Software".
RESTRICTED USE. You may not copy or distribute the Software or the Documentation, except as follows:
If you have purchased the "How to Mistake-Proof Your Business" CD, you may make a single copy of the Software and the Documentation for backup or archival purposes.
No other copies of the Software or the Documentation shall be made by you or any other person or entity at any time.
All permitted copies of the Software or the Documentation shall be subject to this Agreement and shall contain all notices of copyright or other proprietary rights and all claims of trade secret rights as contained in the original Software or Documentation provided to you. You may not remove or obscure any said copyright or proprietary rights notices of Royal Associates or the text of this Agreement at any time for any purpose.
ANY REPRODUCTION OR DISTRIBUTION OF THE SOFTWARE OR THE DOCUMENTATION NOT IN ACCORDANCE WITH THE EXPRESS TERMS OF THIS AGREEMENT IS PROHIBITED BY LAW AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES. ANY ACTUAL OR ATTEMPTED SALE, RENTAL, LEASE, SUBLICENSE, TRANSMISSION, DISTRIBUTION OR REDISTRIBUTION OR OTHER TRANSFER OR ASSIGNMENT OF THE SOFTWARE OR THE DOCUMENTATION IN WHOLE OR IN PART IN ANY MEDIA OR BY ANY METHOD SHALL IMMEDIATELY AND IRREVOCABLY TERMINATE THIS LICENSE AGREEMENT FOR ALL PURPOSES.
TRADE SECRETS; DERIVATIVE WORKS. You acknowledge and agree that the Software remains a confidential and proprietary trade secret of Royal Associates and therefore you agree not to translate, reverse engineer, decipher, decompile or disassemble the Software or to permit or cause others to do so, except to the extent applicable laws specifically prohibit such restriction. You further agree not to modify or create derivative works of the "How to Mistake-Proof Your Business" training program, other than filling out the Worksheets intended for printing.
TITLE. All title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain the sole property of Royal Associates and no such rights are being transferred or conveyed hereunder.
CONTENT. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software are the property of Royal Associates and may be protected by applicable copyright or other laws. This License gives you no rights to such content.
LIMITED WARRANTY AND LIMITATION OF LIABILITY.
(1) Royal Associates warrants that for a period of thirty (30) days from the original date of your receipt of the Software, the Software, if operated as directed, will substantially achieve the functionality described in the Documentation. Royal Associates also warrants that the media containing the Software, if provided by Royal Associates will be free from defects in material and workmanship for a period of thirty (30) days from the original date of your receipt of the Software. In the event Royal Associates receives written notice from you of any defects within the warranty period, Royal Associates, in its sole discretion shall: (i) replace your defective media; or (ii) advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation. The sole liability of Royal Associates for any defect or breach of warranty shall be the remedies set forth herein.
(2) THESE LIMITED WARRANTIES SHALL BE APPLICABLE ONLY TO YOU PERSONALLY AND ARE NOT APPLICABLE TO ANY THIRD PERSON AND ARE NOT TRANSFERABLE OR ASSIGNABLE TO ANY EXTENT.
(3) THE FOREGOING ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY ROYAL ASSOCIATES. ROYAL ASSOCIATES HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NONINFRINGEMENT OR ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE LIMITED WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. NO ROYAL ASSOCIATES EMPLOYEE, AGENT, SUPPLIER OR RESELLER IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY.
(4) Notwithstanding any other provision herein, the limited warranties shall immediately terminate if any modifications are made to the Software by you at any time; if the media is subjected to accident, abuse, or improper use; if the Software is used on or in conjunction with hardware or programs other than the unmodified version of hardware and programs with which the Software was designed to be used as described in the Documentation; or if you violate any of the terms of this Agreement.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL ROYAL ASSOCIATES OR ITS SUPPLIERS OR RESELLERS OR ANY OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS THEREOF BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE ANY OF THE SOFTWARE OR DOCUMENTATION (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, OR OTHER PECUNIARY LOSS), EVEN IF ROYAL ASSOCIATES SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN ALL EVENTS NO LIABILITY FOR DAMAGES SHALL EXCEED THE AMOUNT OF THE PRICE PAID TO ROYAL ASSOCIATES FOR THIS LICENSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
TERMINATION. Without prejudice to its other rights hereunder, Royal Associates may terminate this Agreement if you violate or breach any term or condition hereof. In the event of such termination, you must immediately destroy the original CD and the backup copy and cease all use thereof.
BINDING EFFECT. Subject to the prohibitions on transfer and assignment hereof, this Agreement shall inure to the benefit of and be binding upon each of the parties hereto and their respective officers, directors, employees, shareholders, owners, partners, agents, representatives, parents, subsidiaries, affiliates, heirs, devisees, successors and assigns.
MISCELLANEOUS. This Agreement represents the sole and exclusive agreement between the parties concerning the subject matter hereof and supersedes all prior agreements, communications, proposals and representations. This Agreement may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND ROYAL ASSOCIATES AGREES TO FURNISH THE SOFTWARE AND DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN YOUR ORDER. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. In the event that any provision of this Agreement shall be held by the final judgment of a court of competent jurisdiction to be invalid or unlawful or unenforceable, then the remaining provisions of this Agreement shall remain in full force and effect and shall be construed to give the fullest effect to the intent of the parties expressed herein. Headings shall not be considered in interpreting this Agreement. This Agreement shall be governed by and construed under the laws of the State of New York, U.S.A. for contracts entered into and to be performed entirely within the State of New York without reference to conflicts of laws.
All rights not expressly granted herein are expressly reserved and retained by Royal Associates.
COPYRIGHT NOTICE: (c) 2005 Royal Associates. All rights reserved.
ROYAL ASSOCIATES
35 Hollymount Road
Rochester, NY 14617
USA