This End User License AGreement (EULA) describes our terms of services and as is waranty information for Cave Creek Software LLC products:
IMPORTANT - THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND THE AUTHOR (Cave Creek Software LLC). BY INSTALLING AND/OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT IT IS THE FULL AND COMPLETE AGREEMENT BETWEEN US, SUPERSEDING ALL PRIOR WRITTEN OR VERBAL AGREEMENTS OF ANY KIND. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST CEASE USING THIS PRODUCT IMMEDIATELY. SINGLE LICENSE -------------- A single license of this software is for use by one user. You may install a copy of the software on a computer and freely move the software from one computer to another, provided that you are the only individual using the software. If you are an entity, you must designate one individual within your organization ("Named User") to have the right to use the Software. Group programming projects making use of this software must
purchase a copy of the software and documentation for each member of the group. GENERAL TERMS ------------- You may not distribute any files contained in this software package, including but not limited to .DCU, .OBJ, .DFM, .PAS, .DLL, .EXE,.HLP, .CHM and other package files, if not stated otherwise in the file itself or in this software's documentation/manual. You may not sell any portion of this software on its own or with other software, without integrating it into your applications as Executable Code. You may not distribute this software or components derived from this software. You may not use this software to create an application (whether it be freeware, shareware or a commercial product) which competes directly or indirectly with this software. DISCLAIMER ---------- THIS SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT
WILL THE AUTHOR BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE- UNINTERRUPTED, TIMELY, RELIABLE, SECURE OR ERROR-FREE AND EXPRESSLY DISCLAIM ANY WARRANTIES AS TO THE MATERIALS CONTAINED THEREIN, THE SERVERS USED OR THE GOODS OR SERVICES OFFERED BY US. GENERAL PROVISIONS ------------------ 1. This Agreement constitutes the entire agreement between you and the author concerning the Software and Documentation and supersedes any prior or contemporaneous negotiations, discussions, understandings, purchase orders, communications, advertising or representations concerning the subject matter hereof. 2. This Agreement may be modified only by a writing signed by you and Cave Creek Software LLC. 3. This Agreement shall be governed by the laws of the state of Arizona, excluding its choice of law rules. 4. 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. 5. All disputes arising out of or in connection with this Agreement shall be submitted to arbitration under the Rules of Conciliation and Arbitration of the International Chamber of Commerce (the "ICC"). The arbitrator or arbitrators shall be chosen in accordance with the ICC rules. The arbitration proceedings shall take place in Phoenix Arizon. Unless otherwise agreed between the parties, the language of all arbitration proceedings shall be English. Judgment on the award of the arbitrator (s) may be entered in any court of competent jurisdiction. If any provision of this statement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of
liability and exclusions of damages shall remain in effect. DIAGNOSTIC AND USAGE OF DATA ------------------------- If you opt in to cloud (hosted) services you agree that Cave Creek Software may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to information about your usage of software that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any). Cave Creek Software may use this information, as long as it is collected in a form that does not personally identify you, to provide and improve Cave Creek Softwares products and services. GOOGLE MAPS ------------------------ As Cave Creek Software uses the Google Maps service, you're bound to the terms of this Google service that can be found at: http://code.google.com/apis/maps/terms.html http://maps.google.com/help/terms_maps.html Service from Google maps is not guranteed and can be throttled.
If you have any questions please don’t hesitate to contact us.