This copy of Tax Planner Pro
("the Software Product") and accompanying documentation is
licensed and not sold. This Software Product is protected by
copyright laws and treaties, as well as laws and treaties related to
other forms of intellectual property. Tax Planner Pro, LLC or its
subsidiaries, affiliates, and suppliers (collectively "Tax
Planner Pro") own intellectual property rights in the Software
Product. The Licensee's ("you" or "your") license
to download, use, copy, or change the Software Product is subject to
these rights and to all the terms and conditions of this End User
License Agreement ("Agreement").
Acceptance
YOU ACCEPT AND AGREE TO BE
BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT"
OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING,
OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS
OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE
PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT,
YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, OR
COPY THE SOFTWARE PRODUCT.
License
Grant
This Agreement entitles you
to install and use one copy of the Software Product. In addition, you
may make one archival copy of the Software Product. The archival copy
must be on a storage medium other than a hard drive, and may only be
used for the reinstallation of the Software Product. This Agreement
does not permit the installation or use of multiple copies of the
Software Product, or the installation of the Software Product on more
than one computer at any given time, on a system that allows shared
used of applications, on a multi-user network, or on any
configuration or system of computers that allows multiple users.
Multiple copy use or installation is only allowed if you obtain an
appropriate licensing agreement for each user and each copy of the
Software Product. All subscriptions of the product automatically renew on their anniversary date. If you do not cancel your subscription before your anniversary date, you are automatically subscribed for the entire year and cancelling does not entitle you to a refund.
Refund Policy
If you purchase one of our products, after you payment has cleared your license to use the software will be activated. Once the license is activated, no refunds will be given. It is your responsibility to familiarize yourself with this refund policy. By placing an order for any of our products, you indicate you have read this refund policy and that you agree with and fully accept the terms of this refund policy.
Restrictions
on Transfer
Without first obtaining the
express written consent of Tax Planner Pro, you may not assign your
rights and obligations under this Agreement, or redistribute,
encumber, sell, rent, lease, sublicense, or otherwise transfer your
rights to the Software Product.
Restrictions
on Use
You may not use, copy, or
install the Software Product on any system with more than one
computer, or permit the use, copying, or installation of the Software
Product by more than one user or on more than one computer. If you
hold multiple, validly licensed copies, you may not use, copy, or
install the Software Product on any system with more than the number
of computers permitted by license, or permit the use, copying, or
installation by more users, or on more computers than the number
permitted by license.
You may not decompile,
"reverse-engineer", disassemble, or otherwise attempt to
derive the source code for the Software Product.
You may not use the database
portion of the Software Product in connection with any software other
than the Software Product.
Restrictions
on Alteration
You may not modify the
Software Product or create any derivative work of the Software
Product or its accompanying documentation. Derivative works include
but are not limited to translations. You may not alter any files or
libraries in any portion of the Software Product. You may not
reproduce the database portion or create any tables or reports
relating to the database portion.
Restrictions
on Copying
You may not copy any part of
the Software Product except to the extent that licensed use
inherently demands the creation of a temporary copy stored in
computer memory and not permanently affixed on storage medium. You
may make one archival copy which must be stored on a medium other
than a computer hard drive.
Changes to Software
Tax Planner Pro and its affiliates may change, modify, alter, discontinue, or assemble features in the software at anytime at their sole discretion. You are not entitled to compensation if any feature is discontinued.
Disclaimer
of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY
AGREED TO IN WRITING BY TAX PLANNER PRO, TAX PLANNER PRO MAKES NO
OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS
AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE
SOFTWARE PRODUCT.
Tax Planner Pro makes no
warranty that the Software Product will meet your requirements or
operate under your specific conditions of use. Tax Planner Pro makes
no warranty that operation of the Software Product will be secure,
error free, or free from interruption. YOU MUST DETERMINE WHETHER THE
SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY
AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL
LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE
PRODUCT TO MEET YOUR REQUIREMENTS. TAX PLANNER PRO WILL NOT, UNDER
ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON
ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL
TAX PLANNER PRO, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE
LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL,
SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND
(INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING
FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE,
INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH
OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF TAX PLANNER PRO
OR ANY OTHER PARTY, EVEN IF TAX PLANNER PRO IS ADVISED BEFOREHAND OF
THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE
JURISDICTION LIMITS TAX PLANNER PRO'S ABILITY TO DISCLAIM ANY IMPLIED
WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT
PERMITTED.
Limitation
of Remedies and Damages
Your remedy for a breach of
this Agreement or of any warranty included in this Agreement is the
correction or replacement of the Software Product. Selection of
whether to correct or replace shall be solely at the discretion of
Tax Planner Pro. Tax Planner Pro reserves the right to substitute a
functionally equivalent copy of the Software Product as a
replacement. If Tax Planner Pro is unable to provide a replacement or
substitute Software Product or corrections to the Software Product,
your sole alternate remedy shall be a partial refund of the purchase price
for the Software Product exclusive of any costs for shipping,
handling, and time you have used the product. Any refund is solely the choice of Tax Planner Pro and its management.
Any claim must be made
within the applicable warranty period. All warranties cover only
defects arising under normal use and do not include malfunctions or
failure resulting from misuse, abuse, neglect, alteration, problems
with electrical power, acts of nature, unusual temperatures or
humidity, improper installation, or damage determined by Tax Planner
Pro to have been caused by you. All limited warranties on the
Software Product are granted only to you and are non-transferable.
You agree to indemnify and hold Tax Planner Pro harmless from all
claims, judgments, liabilities, expenses, or costs arising from your
breach of this Agreement and/or acts or omissions.
Governing
Law, Jurisdiction and Costs
This Agreement is governed
by the laws of Florida, without regard to Florida's conflict or
choice of law provisions.
Severability
If any provision of this
Agreement shall be held to be invalid or unenforceable, the remainder
of this Agreement shall remain in full force and effect. To the
extent any express or implied restrictions are not permitted by
applicable laws, these express or implied restrictions shall remain
in force and effect to the maximum extent permitted by such
applicable laws.