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Terms of Use
ACCEPTANCE of TERMS of USE
Use of this Site is subject to certain Terms of Use which constitute a legal agreement between you and PowerTools Software, Inc. By using this Site, you acknowledge that you have read, understood, and agree to be bound by the Terms of Use. Please review the Terms of Use; and if you do not agree to the terms, do not use this Site.
TERMS OF USE REVISIONS
PowerTools Software, Inc. may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.
Communications
YOUR TRANSMISSIONS
Any material, information or idea you transmit to or post on this Site by any means will be treated as non-proprietary, and may be used by PowerTools Software, Inc. or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
Privacy Statement
PRIVACY STATEMENT
At PowerTools Software, Inc., your right to privacy is a primary concern. When you visit PowerToolsSoftware.com, we help you maintain control over your personal data on the Internet. Below are the guidelines we use for protecting the information you provide us during a visit to our Internet site (www.PowerToolsSoftware.com).
PERSONALIZATION
In a few areas on our Web site, we ask you to provide information that will enable us to enhance your site visit or to follow up with you after your visit. It is completely optional for you to participate. For example, we may request information from you when you:
- Provide feedback in an online survey.
- Participate in an online promotion or contest.
- Subscribe to a newsletter or a mailing list.
In each of the instances above, we may ask for your name and e-mail address, as well as other relevant personal information that is needed to register or subscribe you to services or offers. In the case of newsletters or mailing lists, you will be able to “unsubscribe” to these mailings at any time.
The information you provide will be kept confidential and used to support your customer relationship with PowerTools Software, Inc. Information regarding you or your order and the products you purchase will not be given or sold to any outside organization for its use in marketing or solicitation.
License Agreement
Please read all the terms and conditions of this agreement before installing the software. Installing this software indicates your acceptance of the terms and conditions contained in this agreement.
LICENSE AUTHORIZATION
This license authorizes you to use the Software on a maximum of THREE computers that are owned by you (the purchaser) and utilized in a single metropolitan area.
OWNERSHIP of SOFTWARE
Title to the Software will at all times remain with PowerTools Software, Inc. You may not modify, adapt, translate, reverse engineer, decompile or disassemble the Software.
COPY RESTRICTIONS
This Software and the accompanying written materials (the Documentation) are copyrighted. Unauthorized copying of the Software or the Documentation is expressly prohibited. You may be held legally responsible for any copyright infringement which is caused or encouraged by your failure to abide by the terms of this agreement.
USE RESTRICTIONS
As the licensee, you may not install the Software on more than a total of THREE computers, provided that each of these computers is owned by you or by a corporation owned by you. You may not distribute copies of the Software or the Documentation to others. You may not adopt, translate, or create derivative works based on the Documentation without the prior written consent of PowerTools Software, Inc.
TRANSFER RESTRICTIONS
This Software is licensed only to you and may not be transferred to anyone without the prior written consent of PowerTools Software, Inc.
TERM
This License is effective until terminated. You may terminate this agreement at any time by destroying the Software, the Documentation, and any copies thereof. PowerTools Software, Inc. may terminate this agreement if you fail to comply with any of the terms and conditions contained herein, in which event you agree to return to PowerTools Software, Inc. the Software, the Documentation, and any additional copies received from PowerTools Software, Inc. or generated in connection with this Agreement.
Limited Warranty
LIMITED WARRANTY
PowerTools Software, Inc. warrants that the Software will perform substantially in accordance with the Documentation for a period of ninety (90) days from the date of receipt.
PowerTools Software, Inc. does not warrant, guarantee or make any representation regarding the use, or the results of the use, of the Software or the Documentation in terms of correctness, accuracy, reliability, currency, or otherwise.
The entire risk, as to the results and performance of the Software, is assumed by you.
PowerTools Software, Inc.’s entire liability and your exclusive remedy shall be the replacement of any diskette(s) or compact disk found to be defective and returned by you, the Original Registered Licensee, within ninety (90) days from the date of purchase prepaid with a copy of the receipt.
The above is the only warranty of any kind, expressed or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability and fitness for a particular purpose that is made by PowerTools Software, Inc.
No oral or written information or advice given by PowerTools Software, Inc., it’s dealers, distributors, agents, or employees shall create a warranty or in any way increase the scope of this warranty.
Neither PowerTools Software, Inc. nor anyone else who has been involved in the creation, production, or delivery of the Software or the Documentation shall be liable for any direct, indirect, consequential, or incidental damages (including damages for loss of business profits, business interruption, loss of business information, loss of health, or any loss whatsoever) arising out of the use or inability to use such product, even if PowerTools Software, Inc. has been advised of the possibility of such damages.
PROFESSIONAL ADVICE
This publication is designed to provide accurate and authoritative information regarding the subject matter covered. It is sold with the understanding that PowerTools Software, Inc. is not engaged in rendering legal, accounting or other professional services outside this realm. If legal advice or other expert assistance is required, the services of a competent professional should be sought.
PowerTools Software, Inc. does not assume and hereby disclaims any liability to any party for any loss or damage caused by errors or omissions in this publication whether such errors or omission result from negligence, accident or other cause.
GOVERNING LAW
This agreement shall be governed by the laws of the State of Florida and the United States of America, and shall inure to the benefit of PowerTools Software, Inc., it’s successors, administrators, heirs and assigns.
This warranty gives you specific rights. You may have other rights that vary by state, and certain limitations contained in the limited warranty may not apply to you.
Legal Disclaimer
LEGAL DISCLAIMER
All PowerTools Software, Inc’s. software products are tools for performing specific processing tasks. The software products and this website ARE NOT legal dissertations, legal opinions, or legal advice.
You, as the Program User, MUST obtain the advice of an Attorney BEFORE using any of these programs.
You, as the Program User, MUST REVIEW the results of all output from the Program for accuracy, completeness and correct use BEFORE implementing the results.
You, as the Program User, accept ALL LIABILITY for the accuracy, correctness, correct use and correct application of the software products created by you.
PowerTools Software, Inc. accepts NO LIABILITY for the accuracy or correctness of the software’s output, or for the correct use or application of any output provided herein or created by the user, or for the contents of the program, it’s manual, or the website.
Trademarks
TRADEMARKS
The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of PowerTools Software, Inc. and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. PowerTools Software, Inc. aggressively enforces its intellectual property rights to the fullest extent of the law. The name of PowerTools Software or PowerTools Software, Inc. logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission.
The PowerTools Software logo, SpecWriter, ContractWriter, SpeedContracts, TimeTrax, LegalForms, FormWorks, BuildingForms, Florida BuildingForms, UnitCosts, and PowerBooks are trademarks of PowerTools Software, Inc. All other trademarks and trade names are the property of their respective owners and used here for identification purposes only.
Copyright Notice
All rights reserved. No part of this publication may be reproduced in any form or by any means without written permission from PowerTools Software, Inc. A limited license is hereby given to retail purchasers to reproduce this document for use in their own business.