END-USER LICENSE AGREEMENT FOR NTC ONLINE CALCULATORS
IMPORTANT READ CAREFULLY:
This End-User License Agreement (the "EULA") is a legal agreement between you (either an individual or a single entity) and NETirement.com, Inc. ("NTC") or a party that has the right to sublicense the software product identified above under a valid license agreement with NTC (collectively "Licensor") and includes computer software and associated media and printed materials (including print-outs generated by the software), and may include online or electronic documentation (the "Software Product"). By installing, copying, or otherwise using the Software Product, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you are not authorized to use the Software Product.
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the Software Product. The Software Product is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
Use. Licensor grants to you the right to use the Software Product only if you have a signed a valid License Agreement with Licensor. Your license to use the Software Product is limited to a single web server. If you want to use the Software Product on more than one web server, you must have a license Agreement that so allows.
-- You must maintain all copyright notices on all copies of the Software Product.
-- You may not distribute copies of the Software Product to third parties.
-- You may not allow any third parties to access the Software Product with your User ID.
-- You may not reverse engineer, decompile, or disassemble the Software Product except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
-- You may not rent or lease the Software Product.
-- You may permanently transfer all of your rights under this EULA only with the express written permission of NTC.
3. TERMINATION. Your rights under this EULA terminate upon the termination of your License Agreement or when the Software Product reaches its encoded expiration date, or without prejudice to any other rights, Licensee or NTC may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software Product, and if your use of the Software Product is through a server hosted by NTC, NTC may remove your log-in privileges.
4. COPYRIGHT. All title and copyrights in and to the Software Product and any copies thereof are owned by NTC. All title and intellectual property rights in and to the content which may be accessed through use of the Software Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content.
5. CONCEPT. You agree that methodology and calculations used in the Software Product are the intellectual property and a trade secret of NTC (the CONCEPT). You agree to not copy, mimic or otherwise replicate the CONCEPT nor to offer, participate or deal with any parties that do so. You agree to be held responsible for any damages that NTC, its licensees and Licensor may incur if you breach this Section 5 and you also agree that this Section 5 shall survive any termination of this EULA or your Software Product license agreement.
6. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software Product is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is NETirement.com, Inc., 2101 Pacific Ave., Suite 701, San Francisco, CA 94115 USA.
7. NO WARRANTY. ANY USE OF THE SOFTWARE PRODUCT IS AT YOUR OWN RISK. THE SOFTWARE PRODUCT IS PROVIDED FOR USE ONLY WITHIN YOUR ORGANIZATION AND ITS WEBSITES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NTC, ITS LICENSEES, AND LICENSOR DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY AND NON-INFRINGEMENT."
8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NTC, ITS LICENSEES, OR LICENSOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR IN ANY WAY RELATED TO, THE ACCURACY, COMPLETENESS, OR ADEQUACY OF THE INFORMATION PROVIDED, PRODUCED OR DEVELOPED BY THE SOFTWARE PRODUCT, OR FOR LOSS OF BUSINESS INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF NTC, ITS LICENSEES, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY. THE ENTIRE LIABILITY OF NTC, ITS LICENSEES, AND LICENSOR AND YOUR EXCLUSIVE REMEDY UNDER THIS EULA SHALL NOT EXCEED ONE HUNDRED DOLLARS (US$100.00).
10. LIMITATIONS. This Software Product does not foretell the future. It provides estimates and projections based on assumptions about the future, which may not occur. This Software Product does not provide legal, investment, accounting, or other professional advice. You should consult with attorneys and professional advisors for any such advice. This Software Product neither offers nor qualifies anyone for any loan or insurance contract, nor is it represented to be in compliance with applicable law in any state or jurisdiction that you operate in. You should not use, act or rely on the Software Product without seeking the advice of an attorney licensed to practice law in the jurisdiction in which the Software Product is used.
11. MISCELLANEOUS This EULA is governed by the laws of the State of California, USA. Should you have any questions concerning this EULA, or if you desire to contact NTC
for any reason, please write:
NETirement.com, Inc., 2101 Pacific Ave.,
Ste. 701, San Francisco, CA 94115 USA
YOUR ACCEPTANCE OF THE
FOREGOING AGREEMENT BEFORE ANY USE OF
SOFTWARE PRODUCT WAS INDICATED BY
THE CHECKBOX ON THE LOG-IN PAGE.