THIS AGREEMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND PAYDAY PLUS SOFTWARE, INC. (PAYDAY PLUS). YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS. USING PAYDAY PLUS SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
1. Grant of License. PAYDAY PLUS grants you the right to use this copy of the enclosed PAYDAY PLUS program (the "Software") on a single computer, to allow you to manage the books of 1 loan operation (1 location or store).
2. Copy Restrictions; Ownership of Software. You own the media on which the program is recorded; PAYDAY PLUS retains title to the Software including copies, regardless of form or media, and to all copyrights therein. The Software and accompanying written and/or multimedia training materials are copyrighted. You may either (a) transfer the Software to a single hard disk and retain the original Software for backup purposes, or (b) make one copy of the Software solely for backup and archival purposes.
3. Transfer Restrictions. Transferring the software incurs a transfer fee. Intra and Inter Organization transfers are allowed but the transfer fee varies with the transfer circumstances. You may transfer the Software with a copy of this Agreement to another party only on a permanent basis and only if the other party accepts the terms and conditions of this Agreement. Upon such transfer, you must transfer all accompanying written materials, and either transfer or destroy all copies of the Software. You may not lease, rent, merge, reverse engineer, decompile, or disassemble the Software.
4. Termination. This License is effective until terminated. The License will terminate automatically without notice from PAYDAY PLUS if you fail to comply with any provision of the License. You may voluntarily terminate at any time. Upon termination, you agree to destroy or purge all copies of the Software and accompanying written materials.
5. LIMITED WARRANTY. As its only warranty under this Agreement, PAYDAY PLUS warrants the media on which the Software is provided to be free from defects in materials under normal use for a period of 90 days from the date of the delivery to you as evidenced by your purchase receipt. EXCEPT AS EXPRESSLY WARRANTED HEREIN, THE SOFTWARE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. PAYDAY PLUS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.
6. TECHNICAL SUPPORT. 4 hours of free technical support (to be used in the 30 days following the installation of our product) is included with your purchase. The scope of this support includes assistance to properly install the software and questions on how to use our program. This assumes that your computer is setup and functioning properly prior to installation. It also assumes that you have the basic knowledge of how to operate your computer. Our free support does not include assistance in setting up your computer, network or any other software or hardware. Technical support on issues that do not pertain to the installation and use of our software may be available, depending on the nature of the problem, under our Bronze Pay-Per-Incident support plan described on our website. If you require additional assistance, you have the option to purchase addition support agreements.
7. LIMITATION OF LIABILITY. PAYDAY PLUS entire liability and your sole remedy under this License is replacement of media not meeting the PAYDAY PLUS Limited Warranty. IN NO EVENT WILL PAYDAY PLUS OR ITS VENDORS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, INFORMATION, OR USE), EVEN IF PAYDAY PLUS HAS BEEN ADVISED OF THE POTENTIAL OF THE POSSIBILITY OF SUCH DAMAGES.
8. Governing Law. This Agreement is governed by the laws of the State of Colorado.
9. U.S. Government Restricted Rights. The Software and documentation is provided with restricted rights. Use, duplication or disclosure by the government is subject to restrictions as set forth in subdivision (b) (3) (ii) of The Rights in Technical Data and Computer Software clause at 252.227-7013. Contractor/manufacturer is PAYDAY PLUS., 3003 South Kearney Street, Denver Colorado, 80222.