Software is defined as the Magnolia Software computer program with which this Software License Agreement is included and any updates or maintenance releases thereto. The use by you of any services or content accessible through the Software may be subject to your acceptance of separate agreements with Magnolia Software or third parties. This Agreement applies to the: (i) trial; (ii) single-user; (iii) multi-user; and (iv) Original Equipment Manufacturer ("OEM") or Special Editions ("SE") versions of the Software and other branded or customized versions unless otherwise agreed. Do not use the Software until you have carefully read the following Agreement. This Agreement sets forth the terms and conditions for licensing of the Software from Magnolia Software to you, and installing and using the Software indicates that you have read and understand this Agreement and accept its terms and conditions. If you purchased the Software from a retail store or directly from Magnolia Software or other Magnolia Software-authorized distribution channel, and do not agree with this Agreement, promptly return the Software and accompanying items to the place of purchase, or as provided below, within sixty (60) days of purchase with a dated receipt for a full refund. If the Software was pre-installed on your computer or disks came packaged with your computer at no extra charge, and if you do not agree with this Agreement, do not use the Software.
If this Agreement is included with the single-user or multi-user trial versions of the Software, you are granted a limited non-exclusive license to use a copy of the enclosed Software for the specified number of uses in the materials accompanying the trial versions of the Software: (i) if using the single-user trial version, on a computer used by a single individual, or; (ii) if using the multi-user trial version, (a) on up to five (5) computers used by up to a total of five (5) individuals on all such computers and (b) to place a copy of your company's Software data file on a network. Thereafter, you may purchase the right to use the appropriate full version of either the single-user or multi-user versions of the Software which license terms are specified below, by contacting Magnolia Software or your reseller. You may not copy the printed materials accompanying the Software if any, or print multiple copies of any user documentation. BY YOUR USE OF THE TRIAL VERSION OF THE SOFTWARE YOU UNDERSTAND AND AGREE THAT AFTER APPROXIMATELY NINETY (90) USES ( 90 days single user or 90 logins multi-user) OF SUCH SOFTWARE, YOU MAY NOT BE ABLE TO CONTINUE TO ACCESS AND/OR USE THE SOFTWARE OR ANY DATA YOU HAVE ENTERED INTO SUCH SOFTWARE UNLESS YOU PURCHASE THE APPROPRIATE FULL VERSION OF THE SOFTWARE.
If you purchased a full, single-user version of the Software, you are granted a limited non-exclusive license to use a copy of the enclosed Software on the computer(s) used by a single individual. You may make one (1) backup copy of the Software for your own use. You may not copy the printed materials accompanying the Software if any, or print multiple copies of any user documentation. Registration of the Software with Magnolia Software after approximately 90 uses and in accordance with Magnolia Software's then-current privacy policies is required.
If you purchased the multi-user version of the Software, you are granted a limited non-exclusive license to: (i) use copies of the enclosed Software on up to five (5) computer(s) used by up to a total of five (5) individuals (who are your owners, employees or contractors) on all such computers; (ii) place a copy of your company's Software data file on a network for use by such individuals; and (iii) make up to four (4) additional copies of the printed materials accompanying the Software if any, and/ or print up to five (5) copies of any online user documentation located in the Software, provided however, that you have purchased the multi-user version of the Software and accompanying licenses for each computer or individual who will have access to the Software or the Software data file. Registration of the Software with Magnolia Software after approximately 90 uses and in accordance with Magnolia Software's then-current privacy policies is required.
It is also prohibited to give copies to a person who has not purchased the appropriate license for the Software from Magnolia Software; to disclose interfaces to the Software, to install the Software on computers used by individuals who have not purchased the appropriate licenses for the Software from Magnolia Software; or to duplicate the Software by any other means including electronic transmission. The Software in its entirety is protected by the copyright laws. The Software also contains Magnolia Software trade secrets, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable form or disable any functionality which limits the use of the Software. You may not modify, adapt, translate, rent or sublicense (including offering the Software to third parties on an applications service provider or time-sharing basis), assign, loan, resell for profit, or distribute the Software, disk(s), or related materials or create derivative works based upon the Software or any part thereof. You may not network the Software, except to the extent you have purchased license(s) for the multi-user version as referenced above. You may not copy or modify the Software in whole or part, or use trade secret information contained in the Software, to develop software to interface with the Software, except as permitted in license(s) you may have secured to the QuickBooks Software Development Kit.
This Agreement may be terminated by Magnolia Software immediately and without notice if you fail to comply with any term or condition of this Agreement. Upon such termination, you must immediately destroy all complete and partial copies of the Software, including all backup copies. From time to time, Magnolia Software may change the terms and conditions of this Agreement. Magnolia Software will notify you of any such change. For the latest version of this Agreement, go to www.Airware.org, or such other site designated by Magnolia Software. Your continued use of this Software will indicate your agreement to the change.
If you are not 100% satisfied with this Software, Magnolia Software's entire liability and your exclusive remedy shall be either: (a) if you purchased the Software through a reseller or directly from Magnolia Software or other Magnolia Software-authorized distribution channel, (1) return of the Software within sixty (60) days of purchase to the reseller where purchased with a dated receipt for a full refund (If the reseller is unable to issue a refund, then return the Software with a dated receipt within sixty (60) days of purchase to Magnolia Software Returns, 859 Hollywood Way, Suite #534, Burbank, California, 91505 for such refund); or (2) return the Software within sixty (60) days of purchase, with a dated receipt to Magnolia Software Returns at the above address for replacement of defective disks. If the disks are defective and you would like replacement disks while this version is still commercially available after sixty (60) days from date of purchase, you may obtain a replacement by sending your defective disks and a check for the applicable amount, plus applicable tax, to Magnolia Software as follows: 1) for a single-user version, twenty dollars ($20) for one replacement disk; 2) for a multi-user version, twenty dollars ($20) for the first replacement disk, plus forty dollars ($40) for the additional four replacement disk bundle. For all orders shipped within the U.S., please add all applicable shipping and handling charges, state and local sales tax as well as tax on shipping and handling based on your shipping address; (b) if the Software was pre-installed on your computer when you bought it, or if disks came packaged with your computer at no extra charge, and the Software is defective or was installed improperly, you may obtain replacement disks from the company that manufactured your computer, at its option, by sending your request stating the nature of the problem, plus a copy of your dated receipt for the computer on which the Software was installed, to the manufacturer of the computer; (c) if you obtained the Software by downloading it on your computer, and the Software did not install properly, contact the provider of the download site.
EXCEPT AS PROVIDED ABOVE, THIS SOFTWARE AND ANY RELATED SERVICES OR CONTENT ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAGNOLIA SOFTWARE DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SOFTWARE, DISKS, RELATED MATERIALS AND ANY SUCH SERVICES OR CONTENT, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, SECURITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. MAGNOLIA SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICES OR CONTENT IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS NOR DOES MAGNOLIA SOFTWARE WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT THROUGH THE SOFTWARE OR CONTINUED ACCESS TO THE TRIAL VERSION OF THE SOFTWARE OR TO THE DATA ENTERED INTO THE TRIAL VERSION OF THE SOFTWARE AFTER THE SPECIFIED NUMBER OF ALLOWED USES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH VARY FROM STATE TO STATE.
THIS PRODUCT AND RELATED SERVICES ARE DESIGNED TO OPERATE AND PROVIDE INFORMATION WITH THE UNDERSTANDING THAT MAGNOLIA SOFTWARE AND ITS REPRESENTATIVES (AS DEFINED BELOW) ARE NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING OR OTHER PROFESSIONAL SERVICE. IF LEGAL ADVICE OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. MAGNOLIA SOFTWARE EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SOFTWARE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THIS SOFTWARE, RELATED SERVICES OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. IT IS YOUR RESPONSIBILITY TO KEEP ABREAST OF CHANGES IN LAWS, REGULATIONS AND ACCOUNTING PRACTICES THAT AFFECT YOU AND YOUR BUSINESS.
THE ENTIRE LIABILITY OF MAGNOLIA SOFTWARE AND ITS REPRESENTATIVES (AS DEFINED BELOW) FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE SOFTWARE OR OTHERWISE SEPARATELY AGREED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAGNOLIA SOFTWARE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS ("REPRESENTATIVES") ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF MAGNOLIA SOFTWARE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MAGNOLIA SOFTWARE AND YOU. MAGNOLIA SOFTWARE WOULD NOT BE ABLE TO HAVE PROVIDED THIS SOFTWARE OR SERVICES WITHOUT SUCH LIMITATIONS.
The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and the Department of Defense Federal Acquisition Regulations Sections 252.227-7014 (a) (1), (5). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227-7202-1 through 227-7202-4 (JUNE 1995), all U.S. Government End Users acquire the Software (or Licensed Product) with only those rights set forth herein. Magnolia Software, 859 Hollywood Way #534, Burbank, CA 91505.
You acknowledge and agree that the Software is subject to restrictions and controls imposed by the Export Administration Act and the Export Administration Regulations ("the Acts"). You agree and certify that neither the Software nor any direct product thereof is being or will be used for any purpose prohibited by the Acts. You agree and certify that you are not a citizen or permanent resident of the following countries: Cuba, Iran, Iraq, North Korea, Libya, Sudan or Syria.
This Agreement sets forth Magnolia Software's and its Representatives' entire liability and your exclusive remedy with respect to the Software. You acknowledge that this Agreement is a complete statement of the agreement between you and Magnolia Software with respect to the Software, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions with respect to the Software.
This Agreement shall govern any services or content related to the Software, unless such services or content are subject to a separate written agreement between you and Magnolia Software or its Representatives. However, the limitations of liability and disclaimer of warranties in this Agreement shall apply to Magnolia Software and its Representatives with respect to such content or services except to the extent provided otherwise in a separate written agreement approved by Magnolia Software between you and Magnolia Software or the applicable Representative(s).
This Agreement does not limit any rights that Magnolia Software may have under trade secret, copyright, patent, trademark or other laws. The Representatives of Magnolia Software are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Magnolia Software, other than in writing signed by an officer of Magnolia Software. Accordingly, such additional statements are not binding on Magnolia Software and you should not rely upon such statements. If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by California law (without reference to choice of law principles), except as to copyright patent and trademark matters, which are covered by federal laws. This Agreement is deemed entered into at Burbank, California, and shall be construed as to its fair meaning and not strictly for or against either party.
For details about Magnolia Software's privacy policies, please refer to the Magnolia Software Privacy Statement contained either in the Software or on a website designated by Magnolia Software. You agree to be bound by the applicable Magnolia Software privacy policies.
You must purchase the Plus version of Airware2005, registered the Software and have internet access. The Service will begin after we receive and process all the information we request, including your credit card or bank account information. You must have a valid credit card or debit card with a Visa or MasterCard logo ("Card") or sufficient funds in a U.S. checking or savings account to cover an electronic debit of the subscription fee to obtain the Service, except as described below. The information you provide must be accurate and complete. When you subscribe and provide payment information, your Card or bank account will be debited and will be automatically re-debited at the beginning of each subsequent one-month term of the Service at the then current subscription rate to maintain the Service unless you notify us to cancel the Service prior to the beginning of any new one-month term.
You must purchase a separate subscription for the Service for each registered copy of the Airware 2005 Plus Software. For the purposes of Service subscriptions, an Airware2005 Plus is a multi user 5-user pack and is considered a single registered copy of the Software. No Monthly service fees that you have agreed to pay will be refunded for any reason. After your monthly subscription has been confirmed you will be entitle to have magnolia software host one website with each subscription not to exceed one (1) GB of space and five (5) email accounts associated with your domain name. You may not use your website for any illegal or pornographic activities or your email services for purposes of distributing spam. You may only use or install updates to the Service on the computer(s) used by individual(s) for whom you have purchased a license to the Software. This subscription to the Service may be terminated by Magnolia Software immediately and without notice if you fail to comply with any term or condition of this Agreement or if Magnolia Software is unable to debit your Card in accordance with this Agreement. From time to time Magnolia Software may change the terms or conditions of this Service, method of delivering or accessing the Service and/or the subscription fee. In this event you will receive notice of such change, typically via email or on www.airware.org. For the latest version of the terms or conditions of this Service, go to www.airware.org or such other site designated by Magnolia Software. The Service does not include access to the Internet for connecting to the Service. The Service operates only with a compatible version of the Software; so from time to time you may need to install updates or upgrades (or allow Magnolia Software to install them electronically) or purchase an upgrade version of the Software to continue using the Service. All users in a multi-user environment must be using licensed copies of the same version of the Software. Subscribers to the service will be allowed ftp access for the purpose of uploading an of premise backup of their data generated by the Airware2005 software. Such backups are made at the sole risk of the subscriber and Magnolia Software will not be in any way be liable for loss of said data for any reason including but not limited to, acts of terrorism, host computer malfunction, computer hacking, acts of God, or the failure of the subscriber to regularly upload their data. In addition subscribers are responsible for acquiring and maintaining their own domain name registration and renewing same on a timely basis to insure continuity. The use by You of the Service, including but not limited to, the Backup & Web may be subject to your acceptance of separate agreements in addition to the terms of this Agreement.
YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE PLUS SERVICE TO ACHIEVE YOUR INTENDED PURPOSES, FOR THE PROPER INSTALLATION AND USE OF THE SERVICE AND FOR VERIFYING THE RESULTS OBTAINED FROM USE OF THE SERVICE. MAGNOLIA SOFTWARE AND ITS SUPPLIERS DISCLAIM ANY WARRANTY THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.
Your use of the Service indicates that you have read this Agreement and agree to its terms.
Magnolia Software, the Magnolia Software logo, Airware among others, are registered trademarks and/or registered service marks of Magnolia Software in the United States and other countries. Airware.org and Adlnet.net, Illuma.net among others, are trademarks and/or service marks of Magnolia Software in the United States and other countries. Other parties' trademarks or service marks are the property of their respective owners and should be treated as such.
Copyright © 2005 Magnolia
Software, All rights reserved.
859 Hollywood Way Suite #534
Burbank, CA 91505