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Please read the following terms and conditions before
purchasing software from www.financial-services-online.com.
This is the license agreement for the commercial versions of
www.financial-services-online.com's financial calculators.
TERMS AND CONDITIONS OF USE LICENSE:
Clark Family Pty Ltd hereby grants to the customer
("Customer"), the Financial Calculators at
www.financial-services-online.com to which this document is part of a
non-transferable and non-exclusive license to use the Software
("Software") under the following terms and conditions.
OWNERSHIP
a) The software (which term as used herein shall include the
set of machine readable material on magnetic media, the user documentation and
any other related material delivered to the Customer by or on behalf of Clark
Family Pty Ltd including any source code), as well as the related copyrights and
intellectual property rights, are the exclusive property of Clark Family Pty Ltd
and/or its suppliers. The Customer acquires no title, right or interest in the
Software other than the license rights granted herein.
b) The Customer shall not remove from the Software any
trademark, tradename, copyright notice or other notice, and shall be responsible
for their conservation on the copies received hereunder and for their
reproduction on any backup copy of the Software or on any portion of the same
merged into other programs.
c) Any source code included with the software is copyrighted
by Clark Family Pty Ltd and should NOT be considered public domain.
LICENSE
a) Under the license granted to the Customer hereunder, the
Customer has the right to use the software on a single "Customer Internet
Site" (which term as used herein shall be defined as an internet site
operated and maintained by the Customer which creates an internet presence for
either the Customer or one of its clients. At a minimum each unique internet
domain or sub-domain is considered a different "Customer Internet
Site". In addition each unique client internet site or business internet
site or other branded internet site created either dynamically or statically by
the Customer within an internet domain or subdomain is considered a unique
"Customer Internet Site".). The Customer may also merge the Software,
or part thereof, into another program for its use on said single Customer
Internet Site. (Any portion of the Software merged into another program will
continue to be subject to the terms and conditions hereof). The Customer shall
not make any other use of the Software without the prior written permission of
Clark Family Pty Ltd.
b) The Customer may copy, in whole or in part, the Software in
machine readable form on another magnetic medium, only in those cases in which
this should prove necessary for back-up and recovery in case of break-down,
provided however that such copies shall be used solely on said single Customer
Internet Site.
c) The Customer shall not further duplicate or distribute the
Software, in whole or in part, in any form or format whatsoever without the
prior written permission of Clark Family Pty Ltd. The Customer shall not sell,
loan, transfer or license the Software or otherwise assign any rights under this
Agreement to any third party without the prior written permission of Clark
Family Pty Ltd. If the Customer wishes to produce a product for retailing or
other purposes using the Software supplied by Clark Family Pty Ltd, a licensing
agreement will be required and may be negotiated with Clark Family Pty Ltd to
authorize the development and/or sale of such a product.
LIMITATION OF LIABILITY
IN NO EVENT WILL CLARK FAMILY PTY LTD OR ITS SUPPLIERS BE
LIABLE FOR INDIRECT CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES EVEN IF CLARK
FAMILY PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND THE
MAXIMUM LIABILITY OF CLARK FAMILY PTY LTD SHALL BE LIMITED TO REFUND TO THE
CUSTOMER THE PRICE PAID BY THE CUSTOMER FOR THE SOFTWARE.
LIMITED WARRANTY
a) This Software is provided "as is", without
warranty of any kind, either expressed or implied, including but not limited to,
the implied warranties of merchantability and fitness for a particular purpose.
The entire risk as to the quality and performance of the Software is with the
Customer. Should the Software prove defective, the Customer (and not Clark
Family Pty Ltd or its suppliers, distributors or dealers) assume the entire cost
of all necessary servicing, repairs or correction.
b) Some states do not allow the exclusion of implied
warranties, so the above exclusion may not apply to you. Any portion of this
agreement that maybe void in no way voids or negates any other portion of this
agreement. This warranty gives you specific legal rights, and you may also have
other rights which vary from state to state.
c) Clark Family Pty Ltd does not warrant that the functions
contained in the Software will meet your requirements or that the operation of
the Software will be uninterrupted or error free.
TRANSFER OF THE LICENSE
The Software and/or any license granted hereunder to the
Customer may not be assigned, sublicensed or otherwise transferred by the
Customer to any third party without the prior written consent of Clark Family
Pty Ltd. Clark Family Pty Ltd reserves the right to assign this agreement to
another entity if such entity assumes all or substantially all of Clark Family
Pty Ltd assets.
TERMINATION OF THE LICENSE
a) The license granted hereunder may be revoked and terminated
forthwith by Clark Family Pty Ltd' written notice to the Customer if any of the
following events occur: - in case of breach by the Customer of any provisions
hereof; or in case of non-payment by the Customer in due time if any sum due
from the Customer in consideration of delivery and license of the Software. Upon
termination of the license granted hereunder, Clark Family Pty Ltd reserves the
right to take any legal action necessary to recover any damages incurred by
Clark Family Pty Ltd.
b) Upon termination of the license granted hereunder the
Customer shall refrain from any further use of the Software, and Clark Family
Pty Ltd may require either the destruction of any copy of the Software, in any
form, in the possession of the Customer or the return of the same to Clark
Family Pty Ltd.
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