THIS IS A CONTRACT. BY INSTALLING AND/OR USING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Agreement accompanies an Efficient Technology, Inc. Software product, including forms built to work with the product, service to provide forms, and related documentation ('Software'). The term 'Software' shall also include any upgrades, modified versions or updates of the Software licensed to you by Efficient Technology, Inc. This copy of the Software is licensed to you as the end user.
Please read this Agreement carefully. Efficient Technology Inc grants to you a non-exclusive license to use the Software, provided that you agree to the following:
This Software may only be used by the users you register in your customer account. You may install the Software on as many computers as necessary to facilitate the usage of the software, including storage devices used for backup purposes. You agree not to install the Software on a web server or any other device that is available to non-registered users for any purpose. This Software is for your private use only and you may not allow non-registered users to use or access the software in any manner.
The Software is owned by Efficient Technology, Inc., and its structure, organization and code are the valuable trade secrets of Efficient Technology, Inc. The Software is also protected by United States Copyright Law and International Treaty provisions. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software.
Efficient Technology, Inc. does not warrant that the functions contained in the Program or upgrades provided under the Agreement will meet your requirements or that the Program is error-free.
Efficient Technology, Inc. warrants that the Program furnished hereunder shall be free from significant programming errors and from defects in workmanship and materials for a period of ninety (90) days from the date of software availability for end-user use and shall operate on the hardware platform and operating system environment for which it is licensed and shall conform to the performance capabilities, specifications, functions and other descriptions applicable thereto as set forth in the Documentation; and that the Program shall conform to the standards generally observed in the industry for similar programs. Efficient Technology, Inc. shall make reasonable efforts to correct any significant reproducible error or nonconformance in the Program for which Efficient Technology, Inc. receives notice promptly after such error or nonconformance comes to your attention, provided such error or nonconformance relates to the proper functioning of the Program and has not been caused by negligence on your part or any third party, computer malfunction or other causes external to the Program. Warranty services will be performed in a timely and workmanlike manner by qualified technicians familiar with the Program and its operation, and the services shall conform to standards generally observed in the industry for similar services.
Efficient Technology, Inc. warrants that Efficient Technology, Inc. has not installed and is not aware of any viruses or programming devices which would prevent the full use of the Program or access to your data.
Efficient Technology, Inc. does not warrant that the forms and documents output by the Software are approved by the company that developed the document content. Ensuring the accuracy of the document content, including the data entered on the document by either the End User or as a result of using the Software, is the sole responsibility of the End User. Efficient Technology, Inc. makes “best efforts” to ensure that the documents and resulting data entered by the Software are as accurate as possible for the intended use.
5. TRANSFER AND TERMINATION
You hereby agree that you may not and certify that you will not sublicense, lease, loan, rent, sell, distribute or transfer the Software.
This Software license is based on a subscription period which provides the service to maintain form updates and service related to using the Software. If a subscription period terminates, all data, content and Software output will immediately expire with no grace period unless specified under a separate Service Level Agreement. A reinstated subscription will reinstate data, content and Software output previously entered and/or generated.
This Agreement will be governed by the laws of the State of California, U.S.A., excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. If you are located outside the United States of America, you hereby certify and agree that you shall not transfer or export any product, process or services that is or are the direct product of the Software. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Efficient Technology, Inc.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EFFICIENT TECHNOLOGY, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF EFFICIENT TECHNOLOGY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, EFFICIENT TECHNOLOGY, INC'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO EFFICIENT TECHNOLOGY, INC. FOR THE SOFTWARE PRODUCT OR SERVICE THAT DIRECTLY CAUSED THE DAMAGE. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
All rights reserved under the copyright laws of the United States.
Efficient Technology, Inc.