Financial Planning Consultants, Inc. (FPC) provides the computer software (Program) contained herein and any modifications, updates, revisions, or enhancements received by you from FPC or its dealers, and licenses its use within the terms stated below:
- You are granted a nontransferable license to use the Program under the terms stated in this Agreement for personal use in your business or profession. Title and ownership of the Program and the copyright in the Program remains with FPC.
- If you have licensed a single user version of the Program, you have the right to use the single user version on both a single office and a single home or laptop computer that you own and for which the Program is designed to operate. Unless you have licensed a network version of the Program, you may not use the Program in a multiple-user access arrangement simultaneously in a network.
- If you have licensed a network version of the Program, you have the right to use the network version only on a local area network established by you only at a single location (i.e. office). The Program may be accessed only by your employees or by other authorized personnel working for you at such location. The number of simultaneous users can not exceed the number of licenses purchased. If you have licensed a network version of the Program, you may make copies of any documentation or reference manuals provided to you with the Program.
- You may not make copies, translations, or modifications of, or to the Program. You may copy the Program into machine-readable or printed form for backup purposes in support of your use of the Program. You must reproduce the copyright notice on any copy of the Program or portion of the Program merged into another program. All copies of the Program and any portion of the Program merged into or used in conjunction with another program will continue to be the property of FPC and subject to the terms and conditions of this Agreement.
- You may not assign, sell, distribute, lease, rent, sub-license or transfer the Program or this license, or disclose the Program to any other person. You may not reverse-engineer, disassemble or de-compile the Program or otherwise attempt to discover the source code or structural framework of the Program.
- You may embody any of the text from this program into a client document or article published for consumers in your name, without attribution. For use within professional articles, you may use material if you provide attribution. You may not re-sell the text or make it available to the public in any method, including fax on demand and Internet posting.
- You may display up to four articles on a website for viewing or downloading by a customer or prospect. You may also place on a website a list of article titles that a consumer may request and that you will fulfill using the program.
- This license terminates if you fail to comply with any provision of the Agreement. You agree upon termination to destroy the Program, together with all copies, modifications and merged portions in any form, including any copy in your computer memory or on any electronic media.
- The Program contains material that is sensitive; you should review all material before mailing to customers.
- Payment of annual update fee qualifies you to receive updates to the Program and to the text. If you choose not to update the Program you forfeit your rights to support, training and technical assistance. However, the text files are always readable by a word processor from outside the program. Use after July 1 is contingent upon payment of the support and maintenance fee, and the Program features and customer support will be de-activated thereafter.
- This software installs many files that are fully readable and useable on any computer and by many programs, even if the Program has been erased or uninstalled. These files are convertible into any word processor and usable by the purchaser and therefore all sales are final once this package has been opened.
- This program requires the use of a current version of Microsoft Word to display, edit and print. Only the data import wizard requires a current version of Microsoft Excel. The client data and other files may be adjusted using Microsoft Access, although you do not need to have a copy installed.
LIMITED WARRANTY: FPC warrants that the Program and media substantially conforms to the specifications contained in the packaging and promotional materials for a period of ninety (90) days from delivery as evidenced by your receipt, provided that the Program is used on the computer operating system for which it was designed. FPC's sole obligation and liability for breach of the foregoing warranties shall be to replace or correct the Program so that it substantially conforms to the specifications or to replace the defective media, as the case may be. Any modification of the Program by anyone other than FPC voids the foregoing warranty.
NO OTHER WARRANTIES ARE EXPRESSED AND NONE SHALL BE IMPLIED: FPC specifically excludes any implied warranties of merchantability and fitness for a particular purpose. Some states do not allow the exclusion of implied warranties so the foregoing may not apply to you.
LIMITATION OF LIABILITY: In no event shall FPC's liability to you for damages hereunder for any cause whatsoever exceed the amount of the license fee paid by you for use of the Program. In no event will FPC be liable for any lost profits or other incidental or consequential damages arising out of the use or inability to use the Program even if FPC has been advised of the possibility of such damages. Information in this document is subject to change without notice and does not represent a commitment on the part of FPC.
U.S. GOVERNMENT RESTRICTED RIGHTS: Use, duplication or disclosure by the Government is subject to restrictions set forth in subdivision (C) (1) of The Rights in Technical Data and Computer Software clause at 252.227.7013. Manufacturer: Financial Planning Consultants, Inc., P.O. Box 42430, Middletown, OH 45042-0430.
The laws of the state of Ohio govern this Agreement. If you have any questions regarding the above material or your rights as a software user, please call Financial Planning Consultants before installing this software: 800.666.1656.
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