Software is defined as the Michelle's Menu Planner computer program suite with which this Software License Agreement is included and any updates or maintenance releases thereto. Do not use the Software until you have carefully read the following Agreement. This Agreement sets forth the terms and conditions for licensing of the Software from It's A Great Day! Computer Services (IAGDCS) to you, and installing and using the Software indicates that you have read and understand this Agreement and accept its terms and conditions.
License and Certain Restrictions
Beta Version License
You are granted an unlimited non-exclusive license to: (i) use copies of the enclosed Software on up to any number of computers used by any number of individuals on all such computers and (ii) make up to any number of additional copies of any online user documentation located in the Software.
The Software in its entirety is protected by the copyright laws. The Software also contains IAGDCS trade secrets, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable form or disable any functionality which limits the use of the Software. You may not modify, adapt, translate, rent or sublicense (including offering the Software to third parties on an applications service provider or time-sharing basis), assign, loan, resell for profit, or distribute the Software or related materials or create derivative works based upon the Software or any part thereof.
DISCLAIMER OF WARRANTIES
THIS IS A BETA VERSION. IT MIGHT NOT WORK AS DESIGNED.
EXCEPT AS PROVIDED ABOVE, THIS SOFTWARE AND ANY RELATED SERVICES OR CONTENT ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED 'AS-IS' AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IAGDCS DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SOFTWARE, DISKS, RELATED MATERIALS AND ANY SUCH SERVICES OR CONTENT, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR SECURITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. IAGDCS DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICES OR CONTENT IS FREE FROM DEFECTS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS OR TO THE DATA ENTERED INTO THE SOFTWARE. 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 THIRTY (30) DAYS FROM THE DATE OF FIRST USE OF 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.
LIMITATION OF LIABILITY AND DAMAGES
THE ENTIRE LIABILITY OF IAGDCS AND ITS REPRESENTATIVES (AS DEFINED BELOW) FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE SOFTWARE UNLESS OTHERWISE SEPARATELY AGREED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IAGDCS AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS ('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 IAGDCS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUNDTO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 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 DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PGSOFT AND YOU. IAGDCS WOULD NOT BE ABLE TO HAVE PROVIDED THIS SOFTWARE OR SERVICES WITHOUT SUCH LIMITATIONS.
This Agreement sets forth IAGDCS's and its Representatives' entire liability and your exclusive remedy with respect to the Software. You acknowledge that this Agreement is a complete statement of the agreement between you and IAGDCS with respect to the Software, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions with respect to the Software.
This Agreement shall govern any services or content related to the Software, unless such services or content are subject to a separate written agreement between you and IAGDCS or its Representatives. However, the limitations of liability and disclaimer of warranties in this Agreement shall apply to IAGDCS and its Representatives with respect to such content or services except to the extent provided otherwise in a separate written agreement approved by PGSoft between you and IAGDCS or the applicable Representative(s).
This Agreement does not limit any rights that IAGDCS may have under trade secret, copyright, patent, or other laws. The Representatives of IAGDCS are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on IAGDCS, other than in writing signed by an officer of IAGDCS. Accordingly, such additional statements are not binding on IAGDCS 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. The validity and performance of this Agreement 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 Agreement is deemed entered into at Keller, Texas, and shall be construed as to its fair meaning and not strictly for or against either party.
Copyright (c) 2016 It's A Great Day! Computer Services, Inc. All rights reserved.
It's A Great Day! Computer Services
3240 Sage Canyon Cir, #7105
Ft Worth, TX 76177