SureTime 0.9.25

EULA - End User License Agreement

THIS END-USER LICENSING AGREEMENT (EULA) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND FIRST GUARANTEE, INC.

BY CLICKING ON THE "ACCEPT" BUTTON OR OPENING THE PACKAGE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT CLICK THE "DECLINE" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE, OR RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.

GRANT: Subject to payment of applicable license fees, FIRST GUARANTEE, INC. ("First Guarantee") grants you a non-exclusive license to use the Software and any accompanying documentation ("Documentation") in the manner described below under "Scope of Grant." This Software is licensed, not sold.

RESERVATION OF RIGHTS: FIRST GUARANTEE reserves all rights not expressly granted to you in this EULA.

SCOPE OF GRANT:
· You may use the Software on any SINGLE computer, except as provided below;
· You may use the Software on a network, PROVIDED that each person accessing the Software through the network must have a copy licensed to that person.
· Without additional licenses, you may use the Software on a second or third computer only if there is NO SIMULTANEOUS USE of the copy, and use is by the Licensee only (e.g. in the licensees laptop computer);
· Copy the Software for archival purposes ONLY, provided any copy must contain all the original Softwares proprietary notices.

YOU MAY NOT:
· Redistribute this Software; however, First Guarantee encourages distribution of the free trial version of the software when it has not been upgraded to the purchased version, and the distribution of the SureTime Reporter edition;
· Permit other individuals to use the Software except under the terms listed in this EULA;
· Permit concurrent use of the Software except with a multi-user license;
· Modify, translate, reverse engineer, de-compile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software;
· Copy the Software or any portion thereof other than as specified in this EULA;
· Rent, lease, sell, sublicense, assign, grant a security interest in or otherwise transfer any rights to the Software without written permission of First Guarantee; or
· Remove any proprietary notices or labels on the Software or its output.

TITLE: Title, ownership rights, and intellectual property rights in the Software shall remain in First Guarantee.

INTELLECTUAL PROPERTY PROTECTION: The Software is protected by law, including but not limited to U.S. and International copyright laws and international treaties. Except as expressly stated herein, this EULA does not grant you any intellectual property rights in the Software. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This EULA gives you no rights to such content.

TERMINATION: The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation.

LIMITED WARRANTY: First Guarantee warrants that the original disks are free from defects for 90 days from the date of delivery of the Software. If purchase is made via downloading the Software, this warranty does not apply.

THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY FIRST GUARANTEE. FIRST GUARANTEE MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NON-INFRINGEMENT OF THIRD PARTIES RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MECHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO FIRST GUARANTEE DEALER, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. IF ANY MODIFICATIONS ARE MADE TO THE SOFTWARE DURING THE WARRANTY PERIOD, IF THE MEDIA IS SUBJECTED TO ACCIDENT, ABUSE OR IMPROPER USE; OR IF YOU VIOLATE THE TERMS OF THIS EULA, THEN THIS WARRANTY SHALL IMMEDIATELY BE TERMINATED. THIS WARRANTY SHALL NOT APPLY IF THE SOFTWARE IS USED ON OR IN CONJUNCTION WITH HARDWARE OR SOFTWARE OTHER THAN THE UNMODIFIED VERSION OF HARDWARE AND SOFTWARE WITH WHICH THE SOFTWARE WAS DESIGNED TO BE USED AS DESCRIBED IN THE DOCUMENTATION.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

EXPORT CONTROLS: None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) the Balkans, Burma, Cuba, Iran, Iraq, Liberia, Libya, North Korea, Sudan, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Departments list of Specially Designated Nationals or the U.S. Commerce Departments Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list,

LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE SHALL FIRST GUARANTEE OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, AND/OR ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL FIRST GUARANTEE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT FIRST GUARANTEE RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF FIRST GUARANTEE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

MISCELLANEOUS: If the copy of the Software you received was accompanied by a printed or other form of "hard copy" End User License Agreement whose terms vary from this EULA, then the hard copy End User License Agreement governs your use of the Software. This EULA represents the complete agreement concerning this license and may be amended only by a writing executed by both parties.

THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND THOSE IN YOUR PURCHASE ORDER. If any provision of this EULA is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This EULA shall be governed by Florida law (except for conflict of law provisions). The application of the United Nations Convention of contracts for the International Sale of Goods is expressly excluded.

U.S. GOVERNMENT RESTRICTED RIGHTS: Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or subparagraph (c) (1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or at 252.211-7015, and in similar clauses in the NASA FAR Supplement. Contractor/Manufacturer is First Guarantee, Inc. 951 Kissimmee Park Rd, Saint Cloud FL 34769.

TAXES, DUTIES, AND OTHER FEES:
You agree to be responsible for any taxes, duties, or other applicable fees derived from the licensing of the Software. Duties, fees, import taxes, etc. vary by country or state. You should investigate whether you are liable for any applicable taxes. First Guarantee will collect sales tax for the State of Florida only unless existing laws change.