QB EzPay License Agreement and Warranty Disclaimer
QB EZPAY IS NEITHER SHAREWARE NOR FREEWARE. REDISTRIBUTION IS EXPRESSLY PROHIBITED.
1. GRANT OF LICENSE
QB EzPay grants You a non-exclusive, non-transferable license to use one copy of the Software per QuickBooks Company file under Your control for the sole purpose of using QB EzPay for distribution over a Local area network, including the internet.
You may make only one copy of the Software for backup purposes. The same copyright and proprietary notices of the original Software must appear on the backup copy. You may not remove these notices from either the original Software or backup copy.
If the Software contains documentation that is provided only in electronic form, You may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Software.
You are expressly prohibited from sublicensing, selling, transferring, renting, leasing or otherwise distributing copies of the Software or rights to use the Software. You may not use the Software for any use prohibited by law.
You may not disassemble, modify, reverse-engineer, adapt, decompile, translate or create derivative works based upon the Software or any part thereof.
You may not create obscene, scandalous or infringing works, as defined by any applicable federal, state or local law at the time the work is created, using the Software.
This Agreement does not automatically grant You any right to any enhancements or updates to the Software.
All title and intellectual property rights in and to the Software are owned by QB EzPay or its licensors. The Software is protected by the copyright laws of the United States and international copyright treaties. All title and intellectual property rights in and to the content accessed through the Software, including any sample content contained in the Software, is the property of the applicable content owner and may be protected by applicable copyright or other laws. THIS LICENSE DOES NOT GIVE YOU ANY RIGHTS TO SUCH CONTENT AND QB EzPay SHALL HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF ANY SUCH CONTENT.
4. LIMITED WARRANTY; DISCLAIMERS
QB EzPay warrants that the Software will perform substantially in accordance with QB EzPay’s published specifications for the Software for a period of ninety (90) days from the date You acquire the Software. Your exclusive remedy, and QB EzPay’s entire liability, for any breach of this limited warranty shall be, in QBEXPay’s sole discretion, to replace the Software with functionally equivalent software or refund the license fees paid by You for the Software, upon return of the nonconforming Software. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
QB EZPAY MAKES NO OTHER WARRANTY, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. NO QB EZPAY AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
The foregoing warranty shall not apply to any non-conformities caused by any modifications made to the Software by You; by accident, abuse or improper use; or by Your violation of the terms of this EULA.
QB EZPAY DOES NOT WARRANT THAT YOUR REQUIREMENTS WILL BE MET WITH THE SOFTWARE FUNCTIONS OR THAT THE SOFTWARE’S OPERATION WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED. QB EZPAY SHALL ALWAYS RESERVE ITS RIGHTS AND DISCRETION TO CORRECT ANY DEFECTS AS IT SEES FIT AND TO MAKE AVAILABLE FURTHER RELEASES AND UPGRADES AS AND WHEN IT DEEMS NECESSARY.
5. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL QB EZPAY OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF QB EZPAY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL QB EZPAY TOTAL LIABILITY, WHETHER IN TORT, CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATING TO THIS EULA OR THE SOFTWARE EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
6. U.S. GOVERNMENT LICENSE RIGHTS
All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987), or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
7. EXPORT RESTRICTIONS
You acknowledge that the Software is subject to U.S. export restrictions. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
Your license to use the Software is terminated if You violate this EULA. Upon termination, You must destroy all copies of the Software and related documentation.
9. GENERAL PROVISIONS
This EULA is the exclusive agreement between You and QB EzPay concerning the Software and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations or other dealings between You and QB EzPay with respect to the Software; provided, however, that if You have signed a written license agreement for the Software which has not expired or terminated, then that license agreement will supersede this EULA. This EULA will be governed by the laws of the State of Illinois applicable to contracts executed and performed entirely in Illinois by residents of that state. If any part of this EULA is found to be void, unenforceable or invalid, it shall not affect the other provisions of this EULA. This EULA can only be modified by a paper writing signed by both parties. Failure by either party to enforce any provision of this EULA will not be deemed a waiver of future enforcement of that or any other provision.
For further information regarding the Software or this EULA, contact QB EzPay at firstname.lastname@example.org or visit http://www.qbezpay.com.
Copyright © 2013-2015 QB EzPay, a division of ISIS, Inc.
All Rights Reserved.