The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
- Use Of Site
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BY PURCHASING THE SOFTWARE, YOU AGREE TO THE FOLLOWING LICENSING REGULATIONS AND RESTRICTIONS.
PLEASE READ CAREFULLY:
This Software License Agreement (?SLA?) is a legal agreement between you, (either an individual or single entity), end user, and Builders Software Enterprises (?BSE?) for the Builders Software Enterprises computer program which includes computer software, any printed materials and any updates or maintenance releases thereto (?SOFTWARE?).
Due to the ease of pirating software, all sales are final.
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
GRANT OF THE LICENSE
You are granted a limited non-exclusive license to use a copy of the SOFTWARE on the computer(s) used by a single individual. If this SLA is included with a trial version of the SOFTWARE, you are granted a license to use the SOFTWARE for the specified number of uses; thereafter, you may purchase the right to use a non-limited version of the SOFTWARE by contacting BSE.
DESCRIPTION OF OTHER RIGHTS, LIMITATIONS AND RESTRICTIONS
Making additional copies of the SOFTWARE is prohibited. If a backup copy or any additional setup is needed, please contact BSE. It is also illegal to give copies to another person, to install on any computer or computer network other than your single-user computer, or to duplicate the SOFTWARE by any other means, including electronic transmission. You may not copy the printed materials, if any, accompanying the SOFTWARE, or print multiple copies of any user ocumentation. The SOFTWARE also contains BSE trade secrets and you may not decompile, reverse engineer, disassemble, or otherwise reduce the SOFTWARE to human-perceivable form. You may not modify, adapt, translate, rent, sublicense, assign, loan, resell for profit, distribute, or network the SOFTWARE, or create derivative works based upon the SOFTWARE or any part thereof. Without prejudice to any other rights, BSE may terminate this SLA if you fail to comply with terms and conditions of this SLA. In such event, you must return all copies of the SOFTWARE and delete any installations to hardware in your possession.
LIMITED WARRANTY ON DISKS
BSE warrants the disks on which the SOFTWARE is recorded to be free from defects in materials and
faulty workmanship under normal use for a period of ninety days after the date of original purchase. You
may return defective disks, within 90 days of original purchase date, to BSE for a free replacement, which
is your sole remedy. No BSE representative is authorized to make any modification, extension, or
addition to this warranty on behalf of BSE.
DISCLAIMER OF WARRANTIES
This software and any related services are licensed on an ?as-is? basis and to the maximum extent permitted by applicable law, except as expressly provided above for disks, BSE disclaims all other representation and warranties, express or implied, regarding this software, diskette, related materials and any services, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, quality, or noninfringement. BSE does not warrant that the software is free from bugs, errors, or other program limitations. The entire risk as to the quality and performance of the software is with you. Should the software prove defective, you assume the entire cost of all necessary servicing, repair or correction, and any incidental or consequential damages. BSE 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. You assume the responsibility for selection of the software to achieve the results intended and for the installation, use, and results obtained from the use of the software. Implied warranties, if any, are limited in duration to ninety (90) days from the date of purchase of the software.
Limitation of liability and damages
The entire liability of BSE and its representatives (as defined below) for any reason shall be limited to the amount paid by the customer for the software and related services purchased from BSE. To the maximum extent permitted by applicable law, BSE, licensors, participating financial institutions, third-party content or service providers, distributors, dealers, suppliers and value added re-sellers (?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, loss of business information or any other pecuniary loss), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if BSE 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. The
limitations of damages set forth above are fundamental elements of the basis of the bargain between BSE and you. BSE would not be able to provide this software or services without such limitations.
General provisions
This SLA sets forth BSE?s and its representatives? entire liability and your exclusive remedy with respect to the software. You acknowledge that this SLA is a complete statement of the agreement between you and BSE, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions regarding the software or any related services. This SLA does not limit any rights that BSE may have under trade secret, copyright, patent, or other laws. The representatives of BSE are not authorized to make modifications to this SLA, or to make any additional representations, commitments, or warranties binding on BSE, other than in writing signed by an officer of BSE. Accordingly, such additional statements are not binding on BSE, and you should not rely upon such statements. If any
provision of this SLA 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. The validity and performance of this SLA shall be governed by Texas law (without reference to choice of law principles), except as to copyright and trademark matters, which are covered by federal laws. This SLA is deemed entered into at Arlington, Texas and shall be construed as to its fair meaning and not strictly for or against either party. Intuit, Quicken and Quickbooks are registered trademarks of Intuit Inc., or one of its subsidiaries. Quickbooks Pro is a trademark of Intuit Inc., or one of its subsidiaries.
Builders Software Enterprises
P. O. Box 121343
Arlington, TX 76012
800-659-6410
www.builders-software.com