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"Software" is defined as the Sb Solutions, LLC computer program with which this Software License Agreement ("Agreement") is included and any updates or maintenance releases thereto. "Trial Software" is defined as a version of the Software that is limited to an evaluation for a specified period of time as determined by Sb Solutions, LLC. "Not for Resale Software" is defined as Software that is not for resale and is labeled "Not for Resale" or "NFR." "Sb Solutions, LLC Software" shall mean Software, Trial Software and/or Not for Resale Software. The use by you of any services or content accessible through the Sb Solutions, LLC Software may be subject to your acceptance of separate agreements with Sb Solutions, LLC or third parties. Do not use the Sb Solutions, LLC Software until you have carefully read the following Agreement. This Agreement sets forth the terms and conditions for licensing of the Sb Solutions, LLC Software from Sb Solutions, LLC to you ("you" or "Licensee"), and installing the Sb Solutions, LLC Software indicates that you have read and understand this Agreement and accept its terms and conditions. If you purchased this license for the Software or if you are evaluating the Trial Software and do not agree with the terms and conditions of this Agreement, promptly return the Software and accompanying items to the place of purchase within ten (10) days of purchase with a dated receipt for a full refund, or do not use the Trial Software. If the Sb Solutions, LLC Software was pre-installed on your computer, CD-ROM disk(s) ("Disk(s)") came packaged with your computer at no extra charge, or you received the Sb Solutions, LLC Software free of charge, and you do not agree with this Agreement, do not use the Sb Solutions, LLC Software.
License and Restrictions
A. License Grant for Software
Subject to the terms and conditions of this Agreement, you are granted a limited non-exclusive license to use a copy of the enclosed Software on one (1) computer used by a single household. You may make one (1) backup copy of the Software for your own use. You may transfer your rights in the Software to a third party, or sell the computer on which the Software is installed to a third party (collectively "Subsequent Licensee"), provided you do not keep a copy of the Software for yourself and you or the Subsequent Licensee obtain a copy of a Transfer Agreement from Sb Solutions, LLC, which will allow the Subsequent Licensee to assume your rights as a Licensee of the Software.
B. License Grant for Trial Software
Subject to the terms and conditions of this Agreement, you are granted a limited non-exclusive license to use a copy of the enclosed Trial Software for the specified number of uses or amount of time in the materials accompanying the Trial Software on one (1) computer used by a single household. Thereafter, you may purchase the right to use the full version of the Software (if available) which license terms are specified herein, by contacting Sb Solutions, LLC or your retailer. You may not copy the printed materials or user documentation accompanying the Trial Software if any. BY YOUR USE OF THE TRIAL SOFTWARE, YOU UNDERSTAND AND AGREE THAT AFTER THE SPECIFIED NUMBER OF USES OR AMOUNT OF TIME IN THE MATERIALS ACCOMPANYING THE TRIAL SOFTWARE, YOU MAY NOT BE ABLE TO CONTINUE TO ACCESS AND/OR USE THE TRIAL SOFTWARE OR ANY DATA YOU HAVE ENTERED INTO SUCH TRIAL SOFTWARE UNLESS YOU PURCHASE THE RIGHT TO USE THE FULL VERSION OF THE SOFTWARE (IF AVAILABLE)
C. License Grant for Not for Resale Software
Subject to the terms and conditions of this Agreement, you are granted a limited non-exclusive license to use a copy of the enclosed Not for Resale Software on one (1) computer used by a single household. You may make one (1) backup copy of the Not for Resale Software for your own use. Notwithstanding any other provision of this Agreement, you may not resell, or otherwise transfer for value, the Not for Resale Software.
D. Restrictions
ou agree not to: (1) make additional copies of the Sb Solutions, LLC Software except as provided above; (2) enable others to use your registration code(s) or serial numbers (if any); (3) give copies to another person who has not purchased a license for the Sb Solutions, LLC Software from Sb Solutions, LLC; (4) install the Sb Solutions, LLC Software on computers used by individuals who have not purchased the appropriate licenses for the Software from Sb Solutions, LLC; (5) duplicate the Sb Solutions, LLC Software by any other means including electronic transmission; or (6) copy the printed materials or user documentation accompanying the Sb Solutions, LLC Software, if any. The Sb Solutions, LLC Software in its entirety is protected by copyright laws. The Sb Solutions, LLC Software also contains the trade secrets of Sb Solutions, LLC and third parties, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Sb Solutions, LLC Software to human-perceivable form or disclose such trade secrets, or disable any functionality which limits the use of the Sb Solutions, LLC Software. You may not attempt to modify, adapt, translate, rent, sublicense, assign, loan, resell for profit, distribute, or network the Sb Solutions, LLC Software, Disk(s), or related materials or create derivative works based upon the Sb Solutions, LLC Software or any part thereof.
Termination
This Agreement may be terminated by Sb Solutions, LLC immediately and without notice if you fail to comply with any term or condition of this Agreement. Upon such termination, you must immediately destroy all complete and partial copies of the Sb Solutions, LLC Software, including all backup copies. Sb Solutions, LLC shall have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue or impose conditions on any feature or aspect of the Sb Solutions, LLC Software (including but not limited to internet-based services, pricing, technical support options, and other product-related policies) without notice
DISCLAIMER OF WARRANTIES
EXCEPT AS PROVIDED ABOVE, THE SB SOLUTIONS, LLC SOFTWARE, DISK(S), RELATED MATERIALS, CONTENT AND/OR RELATED SERVICES ACCESSIBLE THROUGH THE SB SOLUTIONS, LLC SOFTWARE, ARE PROVIDED "AS- IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SB SOLUTIONS, LLC AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS ("REPRESENTATIVES") DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SB SOLUTIONS, LLC SOFTWARE, DISK(S), RELATED MATERIALS, CONTENT AND ANY SERVICES, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, SECURITY, QUALITY, MERCHANTABILITY, OR THEIR NONINFRINGEMENT. SB SOLUTIONS, LLC DOES NOT WARRANT THAT THE SB SOLUTIONS, LLC SOFTWARE OR ANY RELATED SERVICES OR CONTENT IS SECURE, OR IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS, INCLUDING BUT NOT LIMITED TO ACCURATE OR UPDATED THIRD-PARTY CONTENT, NOR DOES SB SOLUTIONS, LLC WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT THROUGH THE SB SOLUTIONS, LLC SOFTWARE, OR CONTINUED ACCESS TO THE TRIAL SOFTWARE OR TO THE DATA ENTERED INTO THE TRIAL SOFTWARE AFTER THE SPECIFIED NUMBER OF USES OR AMOUNT OF TIME IN THE MATERIALS ACCOMPANYING THE TRIAL SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOU MUST: (A) PROVIDE YOUR OWN ACCESS TO THE WORLD WIDE WEB AND PAY ANY SERVICE FEES ASSOCIATED WITH SUCH ACCESS, AND (B) PROVIDE ALL EQUIPMENT NECESSARY FOR YOU TO MAKE SUCH CONNECTION TO THE WORLD WIDE WEB, INCLUDING A COMPUTER AND A MODEM. 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 SIXTY (60) DAYS FROM THE DATE OF PURCHASE OF THE LICENSE FOR THE SOFTWARE. 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 AS WELL, WHICH VARY FROM STATE TO STATE.
THE SB SOLUTIONS, LLC SOFTWARE AND RELATED SERVICES OR CONTENT ARE DESIGNED TO OPERATE AND PROVIDE INFORMATION WITH THE UNDERSTANDING THAT SB SOLUTIONS, LLC AND ITS REPRESENTATIVES ARE NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING OR OTHER PROFESSIONAL SERVICE. IF LEGAL ADVICE OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. SB SOLUTIONS, LLC EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SB SOLUTIONS, LLC SOFTWARE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SB SOLUTIONS, LLC SOFTWARE, RELATED SERVICES OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. IT IS YOUR RESPONSIBILITY TO KEEP ABREAST OF CHANGES IN LAWS, REGULATIONS AND ACCOUNTING PRACTICES THAT AFFECT YOU AND YOUR BUSINESS.
Limitation of Liability and Damages
THE ENTIRE LIABILITY OF SB SOLUTIONS, LLC FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE SB SOLUTIONS, LLC SOFTWARE LICENSED FROM SB SOLUTIONS, LLC OR ITS AUTHORIZED RESELLER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SB SOLUTIONS, LLC AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF SB SOLUTIONS, LLC 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. THIRD PARTY CONTENT PROVIDERS ARE NOT RESPONSIBLE TO YOU FOR ANY DAMAGES OR LOSSES ARISING FROM ANY USE OF THE CONTENT. SB SOLUTIONS, LLC AND ITS REPRESENTATIVES` TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SB SOLUTIONS, LLC SOFTWARE. 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. THE LIMITATIONS OF THE DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SB SOLUTIONS, LLC AND YOU. SB SOLUTIONS, LLC WOULD NOT HAVE BEEN ABLE TO PROVIDE THE SB SOLUTIONS, LLC SOFTWARE TO YOU WITHOUT SUCH LIMITATIONS.
YOU ("YOU" OR "LICENSEE"), IS RESPONSIBLE FOR HAVING ALL COPIES OF DOCUMENTATION CHECKED WITH LEGAL COUNSEL FOR STATE SPECIFIC LAWS BEFORE USING SAID DOCUMENTATION. SB SOLUTIONS, LLC DOES NOT WARRANT THE LEGALITY OF ANY DOCUMENTATION CONTAINED IN SB SOLUTIONS, LLC SOFTWARE.
You acknowledge and agree that the Sb Solutions, LLC Software is subject to restrictions and controls imposed by the Export Administration Act of 1979, as amended, and the Export Administration Regulations thereunder ("the Acts"). You agree and certify that neither the Sb Solutions, LLC Software nor any direct product thereof is being or will be used for any purpose prohibited by the Acts. You further agree and certify that neither the Sb Solutions, LLC Software nor any direct product thereof will be exported to [i] the following countries which are currently subject to U.S. trade embargoes: Cuba, Iran, Libya, North Korea, Sudan and Syria or [ii] persons or entities on the U.S. "Denied Persons List", "Specially Designated Nationals List" and "Entities List".
General Provisions
This Agreement sets forth Sb Solutions, LLC`s and its Representatives` entire liability and your exclusive remedy with respect to the Sb Solutions, LLC Software. You acknowledge that this Agreement is a complete statement of the agreement between you and Sb Solutions, LLC with respect to the Sb Solutions, LLC Software or any related services, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions regarding the Sb Solutions, LLC Software, it’s content or any related services.
This Agreement shall govern any services or content related to the Sb Solutions, LLC Software, unless such services or content are subject to a separate written agreement between you and Sb Solutions, LLC or its Representatives. However, the limitations of liability and disclaimer of warranties in this Agreement shall apply to Sb Solutions, LLC and its Representatives with respect to such content or services except to the extent provided otherwise in a separate written agreement approved by Sb Solutions, LLC between you and Sb Solutions, LLC or the applicable Representative(s).
This Agreement does not limit any rights that Sb Solutions, LLC may have under trade secret, copyright, patent, trademark or other laws. The Representatives of Sb Solutions, LLC are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Sb Solutions, LLC, other than in writing signed by an officer of Sb Solutions, LLC. Accordingly, such additional statements are not binding on Sb Solutions, LLC and you should not rely upon such statements. If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. No delay or failure on the part of Sb Solutions, LLC in the exercise of any right granted under this Agreement, or available at law or in equity, shall be construed as a waiver of such right. The validity and performance of this Agreement shall be governed by Michigan law (without reference to choice of law principles), except as to copyright, patent and trademark matters, which are covered by federal laws. You agree to submit to the jurisdiction of the federal and state courts of Oakland County, Michigan and waive any objection to venue in such courts. This Agreement is deemed entered into at Oakland County, Michigan, and shall be construed as to its fair meaning and not strictly for or against either party.
Copyright © 2005 - 2008 Sb Solutions, LLC. All rights reserved. Unauthorized reproduction is a violation of applicable laws As of 7/05/2005