Document license
END USER LICENSE AGREEMENT
THIS IS AN ELECTRONIC CONTRACT BETWEEN YOU AND ABACUS CONSULTING, LLC A NEW JERSEY FORMED COMPANY. AS SUCH, YOU ARE MAKING LEGALLY ENFORCEABLE PROMISES TO US. ACCEPTANCE OF THIS AGREEMENT IS ACKNOWLEDGED EITHER THROUGH CLICKING THE 'I have read and accept...' BOX AT DOWNLOAD AND/OR BY INSTALLATION AND USE OF THE SOFTWARE.
RIGHTS GRANTED UNDER THE LICENSE
"The Software", "The Utility", "The Application", and "The Source Code" refers to any of the following Abacus Consulting, LLC products:
1-click Billing Reporter
Email View Body+ Power View
Related View Power View
It also refers to any other downloaded or distributed content, including betas, the embedded content, custom scripts, and all associated files, images, and documentation. "You" means the person or company who is being licensed to use the utility. "We," "us" and "our" means Abacus Consulting, LLC.
We hereby grant you a nonexclusive license to use The Utility on any personal computer as long as it does not breach any of the restrictions, representations, warranties or covenants of this agreement.
TITLE
We remain the owner of all right, title and interest of The Software including all Source Code and associated documents.
You agree and acknowledge that The Software is our intellectual property and that you have no right to title or interest therein.
RESTRICTIONS
1. No rights are given to distribute or re-sell The Software or its' Source Code in part or in whole.
2. You may not use any part of The Software for personal or commercial development.
3. This license is NON-TRANSFERABLE.
4. You must not remove or alter any Abacus Consulting, LLC Promotion links (including about and help links), copyright notices and branding text from the original form.
5. The "Abacus Consulting, LLC" hyperlinked credit logo must be must be embedded on every PC for which The Software is installed. The logo images must not be altered, re-sized, removed or hidden in any way.
6. No rights are given to make The Software available for download on any web site other than to reference one of the following web pages by hyperlink:
http://www.abacus-consulting.com/time-matters.com
or
http://www.abacus-consulting.com/billing-matters.com
DISCLAIMER OF WARRANTIES AND LIABILITIES
The Software is provided as-is. We do not make any warranties, and shall have no liability to you with respect to your use of The Software.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER CONTRACT, TORT, OR OTHERWISE, SHALL WE BE LIABLE TO YOU FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES INCLUDING ANY LOST PROFITS OR LOST SAVINGS EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY.
USE AND CONTENT RESPONSIBILITY
You are solely responsible for any and all use of The Software and the content on your computers.
UNDER ALL CIRCUMSTANCES AND UNDER ALL LEGAL THEORY, WHETHER CONTRACT, TORT, OR OTHERWISE; YOU WILL BE HELD LIABLE FOR ANY CLAIMS AGAINST US MADE BY THIRD PARTIES FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES PERTAINING TO YOUR USE AND CONTENT IN ASSOCIATION WITH THE SOFTWARE.
INJUNCTIVE RELIEF
You acknowledge and agree that the unauthorized use, transfer or selling of The Utility or its components will substantially diminish the value to us and cause economic damage. If you breach any of this agreement's obligations with respect to the use or confidentiality, we shall be entitled to equitable relief to protect our interests therein, including, but not limited to, preliminary and permanent injunctive relief.
This license agreement is governed by the laws of the state of New Jersey.
MISCELLANEOUS
We reserve the right to monitor compliance with this EULA and to restrict the use of The Software for non-compliance.
This Agreement and its exhibits contain the entire understanding and agreement between the parties respecting the subject matter hereof. This Agreement may not be supplemented, modified, amended, released or discharged except by an instrument in writing signed by each party's duly authorized representative. All captions and headings in this Agreement are for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. Any waiver by either party of any default or breach hereunder shall not constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or a different kind.
Abacus Consulting, LLC can be contacted at:
973-492-5953
info@abacus-consulting.com
10 Park Place
Butler, NJ 07405
