By The Book, Inc. (hereafter "BTB")
Software User License Agreement
for Roll Call
IMPORTANT INFORMATION PLEASE READ!
Thank you for choosing our Roll Call(c) software (hereafter "the Software") to serve the administrative needs of your church or non-profit organization. We have faith in the design and capability of the Software, but advise you to review and understand the rights and responsibilities associated with this License Agreement (the "Agreement") before installing and using it.
Do not use the Software described herein (which term includes the product documentation) until you carefully read this Agreement, which provides the terms and conditions for its use on a site basis or a network. Installing the Software indicates you have read, understood and accepted this Agreement. If you do not accept this Agreement, please return the Software and all enclosed materials to By the Book, Inc. 9479 N Woodgate Lane, Byron, IL 61010 within 30 days of purchase for a complete refund.
Permitted Uses and Restrictions on Use
You are hereby granted a non-exclusive license to use copies of the Software and any updated or final editions thereof on one or more computers or on a computer network located at the same geographic location. No title to the Software or any intellectual property rights in the Software, are transferred to you by virtue of your purchase or this Agreement.
You may make one archival or backup copy of the Software for your own use. However, because the Software is protected by the copyright laws, it is illegal except as otherwise expressly provided herein: i) to make additional copies or otherwise duplicate the Software by any other means (including electronic transmission) to give copies to another person; ii) to modify, adapt, translate, rent, sublicense, loan, resell for profit, distribute, create derivative works based upon the Software or any part thereof; or iii) concurrently use the Software or copies thereof at more than one geographic location. All copies of the Software pursuant to this Agreement must contain appropriate copyright or other proprietary notices or BTB or its licensors.
If you are not 100% satisfied with this Software, BTB's entire liability and your exclusive remedy shall be to remove the Software from your computers or network, destroy any archival copies and return the Software within 30 days of your receipt of it to By The Book, Inc. 9479 N Woodgate Lane, Byron, IL 61010
For a period of 90 days after your receipt of the Software, BTB warrants the media on which the Software is distributed will be free from defects in materials and workmanship under normal operating conditions. If the media is defective, BTB will replace the defective media at no charge, provided you return the Software to By The Book, Inc. 9479 N Woodgate Lane, Byron, IL 61010. Replacement Software will be mailed to you.
Disclaimer of Warranties
This warranty gives you specific legal rights, and you may have other rights which vary from state to state. Except as expressly provided herein, this Software is provided "as-is" and, to the maximum extent permitted by applicable law, BTB disclaims all other warranties, express or implied, regarding the Software, disks and related materials, including their fitness for a particular purpose, their quality, their merchantability, or their noninfringement. BTB does not warrant the Software is free from bugs, errors, or other program limitations.
At the request of 4D, Inc., licensor of 4D DEDICATED SERVER" and 4D WRITE" (Licensor), the following additional warranty disclaimer language is included.
BTBs Licensor makes no warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose, regarding the Software. BTB's Licensor does not warrant, guaranty or make any representations regarding the use or the results of the use of the Software in terms of its correctness, accuracy, reliability, currentness, or otherwise. The entire risk as to the results and performance of the Software is assumed by you. Because the exclusion of implied warranties is not permitted in some jurisdictions, the above exclusions may not apply to you.
Licensor and its licensors do not by virtue of this Agreement, and hereby expressly disclaim, any representation or warranty to any end user or other third party, including without limitation the implied warranties of merchantability and fitness for a particular purpose. Neither licensee nor any third party shall have the right to make or pass on any such warranty or representation on behalf of Licensor to any end user or third party.Limitation of Liability and Damages
Except for the express warranty set forth above, the entire liability of BTB for any reason shall be limited to the amount paid by the customer for the Software. To the maximum extent permitted by applicable law, BTB is not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of contributions, donations or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise. The limitations of damages or liability set forth in this Agreement are fundamental elements of the basis of the bargain between BTB and you. You acknowledge and agree that BTB would not be able to provide you with this Software on an economic basis without such limitations.
Again, at the request of BTB's Licensor, the following additional language related to liability and damages is included:
In no event will BTB's Licensor, or their directors, officers, employees or agents (collectively BTB's Licensor) be liable to you for any consequential, incidental or indirect damages, including damages for loss of business profits, business interruption, loss of business information and the like, arising out of the use or inability to use the Software even if BTB's Licensor has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
You agree that Licensor and/or its licensor(s) shall not in any event be liable for any indirect, special, incidental or consequential damages, including, without limitation, personal injury, property damage, lost profits or other economic loss arising in connection with your use of or inability to use the Software. This limitation of liability will apply regardless of the form of action, whether in contract or tort, including negligence and independent of any failure of essential purpose of the remedies provided hereunder. This disclaimer shall apply whether or not Licensor or its licensors have been apprised of the possibility of such damages.
This Agreement sets forth BTB's entire liability and your exclusive remedy with respect to the Software, and is a complete statement of the agreement between you and BTB. This Agreement does not limit any rights BTB may have under trade secret, copyright, patent or other laws. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
You shall hold in confidence, and protect the Software at least to the same extent that you protect your own confidential and proprietary information. You acknowledge that the Software is subject to regulation by agencies of the U.S. government, including the U.S. Department of Commerce, which prohibits export or diversion of certain technical products to certain countries. You shall comply in all respects with all export and re-export restrictions applicable to the Software, documentation or related materials. Use, duplication or disclosure of the Software by the U.S. Government is subject to restrictions stated in paragraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013.
The validity and performance of this Agreement shall be governed by Illinois law (without reference to choice of law principles), and applicable federal law. This Agreement is deemed entered into at Byron, IL and shall be construed as to its fair meaning and not strictly for or against either party.
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