END USER SOFTWARE LICENSE AGREEMENT
SUCCESS PROGRAMMERTM SOFTWARE
PLEASE CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT BY PURCHASING SUCCESS PROGRAMMERTM SOFTWARE, INDICATING THAT YOU HAVE READ THIS AGREEMENT AND ACCEPT ITíS TERMS. IF YOU DO NOT AGREE TO THIS LICENSE, DO NOT PURCHASING SUCCESS PROGRAMMERTM SOFTWARE.
"You" means the person or company who is being licensed to use the Success ProgrammerTM Software or Documentation. "We," "us" and "our" means Positive Thoughtware, Inc.. We hereby grant you a nonexclusive license to use one copy of the Software on any single computer, provided the Software is in use on only one computer at any time. The Software is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer-for example, a hard disk, CD-ROM or other storage device.
We remain the owner of all rights, title and interest in the Software and related explanatory written materials ("Documentation").
ARCHIVAL OR BACKUP COPIES
You may copy the Software for back up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the "License Grant" section above.
THINGS YOU MAY NOT DO
The Software and Documentation are protected by United States copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material-for example, a book. You may NOT:
You may transfer all your rights to use the Software and Documentation to another person or legal entity provided you transfer this Agreement, the Software and Documentation, including all copies, updates and prior versions to such person or entity and that you retain no copies, including copies stored on computer.
We warrant that for a period of 90 days after delivery of this copy of the Software to you:
Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either:
TERM AND TERMINATION
This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession.
The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
This license agreement shall be governed by, construed and enforced in accordance with the laws of the Illinois, as it is applied to agreements entered into and to be performed entirely within such jurisdiction. To the extent you have in any manner violated or threatened to violate Positive Thoughtware, Inc. and/or its affiliates' intellectual property rights, Positive Thoughtware, Inc. and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Illinois, and you consent to exclusive jurisdiction and venue in such courts. Any other disputes will be resolved as follows: If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Dupage County, Illinois. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Dupage County, Illinois, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
If you desire to contact Positive Thoughtware, Inc. for any reason, please use the information below:
c/o Positive Thoughtware, Inc.
11 E. Ardmore Avenue
Roselle, IL 60172