1. Grant of License.
Subject to the terms and conditions set forth in this software license agreement, +1 Software Engineering LLC grants to you, and you hereby accept, a non-exclusive, non-transferable license to use its proprietary computer software program in object code form only, together with its documentation ("Software"), limited by the number of users, number of computers, and +1 Software Engineering LLC products for which the corresponding fee has been paid.
After downloading the Software, you may not: (1) copy (other than once for backup purposes), distribute, rent, lease, sublease, or sublicense all or any portion of the Software; (2) modify or prepare derivative works of the Software; (3) transmit the Software over a network, by telephone, or electronically using any means; (4) reverse engineer, decompile, or disassemble the Software;
or (5) provide commercial or contracting services based on the Software.
You agree to keep confidential and use your best efforts to prevent and protect the contents of the Software from unauthorized disclosure or use. You are responsible for the installation, management, operation, and results obtained from the Software.
A permanent password enables the Software to run on a number of computers for a number of concurrent users as
listed on your purchase order or +1 Software Engineering LLC's sales order or invoice to use the Software.
A temporary password enables the Software for a limited time period and for a limited number of computers
and users, and if used for evaluation purposes, may also limit the overall functionality of Software.
+1 Software Engineering LLC, at its discretion, may initially provide temporary passwords,
and provide permanent passwords after payment for Software has been received in full.
For evaluation purposes, +1 Software Engineering LLC may provide temporary passwords at its discretion.
Upon receipt of payment, +1 Software Engineering LLC shall provide you with one or more permanent passwords
as listed on your purchase order or +1 Software Engineering LLC's sales order or invoice in order to use the Software.
Temporary passwords will cause the Software to stop working after the date specified in the passwords
provided by +1 Software Engineering LLC, and as such, you may not rely on the Software.
+1 Software Engineering LLC assumes no liability for failure of the Software after the expiration
date as specified in the password. The entire risk of use and the consequences of use of the
evaluation copy of Software falls completely on you.
3. Copyright and Title.
You acknowledge that Software, all user's manuals, and other supporting documentation constitute
valuable property of +1 Software Engineering LLC and that all title and ownership rights in
Software and related materials remain exclusively with +1 Software Engineering LLC.
+1 Software Engineering LLC reserves all rights with respect to Software and supporting documentation
under all applicable laws for the protection of proprietary information, including, but not limited
to, trade secrets, copyrights, trademarks, and patents. Except as otherwise noted in this Agreement,
you shall not cause or permit unauthorized copying, reproduction, or disclosure of any portion of
the program, or any instructions, manuals, or other documentation, or the delivery or distribution
of any part thereof to any third person or entity, for any purpose whatsoever, without the prior
written permission of +1 Software Engineering LLC. You may not reverse engineer, decompile, disassemble,
or otherwise analyze the Software, or knowingly allow others to do so.
You also agree not to develop passwords or codes or to determine how +1 Software Engineering LLC
develops such passwords, or knowingly allow others to do so.
These restrictions shall continue to bind you and its agents and representatives beyond the termination
of this Agreement.
This License Agreement is effective upon downloading the Software onto your
system and/or using the Software and shall continue until terminated.
You may terminate this License Agreement at any time by returning the Software and all copies thereof
to +1 Software Engineering LLC and erasing all copies residing on the computer equipment.
If temporary passwords are provided to enable the Software for a limited time period and for a limited
number of computers and users for evaluation purposes, and you decide not to purchase a license, as may be
listed on your purchase order or +1 Software Engineering LLC's sales order or invoice,
you must destroy any and all results from using our product.
This includes but is not limited to all web pages, scripts, files, and printouts.
In short, if you decide not to purchase a license, you cannot benefit from using any output
generated by our Software during and after the evaluation.
+1 Software Engineering LLC may terminate this License Agreement upon the breach by you of any term or
condition of this Agreement. Upon such termination by +1 Software Engineering LLC, you shall return to
+1 Software Engineering LLC the Software and all copies thereof and erasing all copies residing on the
computer equipment within 14 days.
5. Limited Warranty.
You accept Software "AS IS", "WITH ALL FAULTS", and in lieu of all other warranties and conditions, expressed or implied, including, but not limited to, those for merchantability and fitness for a particular purpose. +1 Software Engineering LLC accepts no responsibility for the operation or performance of the program. The entire risk of use and consequences of use of the program falls completely on you and +1 Software Engineering LLC shall not be liable in any respect for any loss claims or injury alleged to have resulted from use of or in reliance on Software. In this respect, you shall indemnify and defend against any and all claims, including claims by third parties or by your employees, which arise directly or indirectly out of your use or operation of Software. You acknowledge that you have read the foregoing disclaimers of warranty and limitation of liability and understand that you assume the entire risk of use of the Software.
6. Limitation of Liability.
+1 Software Engineering LLC's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this License Agreement shall not exceed the license fee paid to +1 Software Engineering LLC for the use of the Software. In no event shall +1 Software Engineering LLC be liable for any damages whatsoever (including, but not limited to, loss of profit, business interruption, loss of business information, or any other commercial, special, incidental, consequential, exemplary or other damages) arising out of the use of or inability to use the Software, even if +1 Software Engineering LLC has been advised of the possibility of such damages. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7. Export Controls.
You agree that neither the Software nor any direct product thereof is being or will
be shipped, transferred, or re-exported, directly or indirectly, into any country
prohibited by the United States Export Administration Act and its associated regulations or will be used for any purpose prohibited by the Act.
8. United States Government Restricted Rights.
Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (a) through (d) of the Commercial Computer Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at 252.227-7013. Contractor/manufacturer is +1 Software Engineering LLC, 2510-G Las Posas Road, Suite 438, Camarillo, California 93011, USA.
9. Customer Reference.
+1 Software Engineering LLC may refer to you as a customer in marketing activities, which may
include listing your company on +1 Software Engineering's website as well as the
using quotes made by your employees that may help show the benefit of using +1Copybook and other products.
10. Governing Law.
This Agreement shall be construed, interpreted, and governed in accordance with the laws of California.
Should you have any questions concerning this License Agreement or if you desire to contact +1 Software Engineering LLC for any reason,
+1 Software Engineering LLC
License last updated: April 2, 2016.
Attn.: Customer Support
2390-C Las Posas Road, Suite 438
Camarillo, California 93010