NoteGuardian 15.3.0

EULA - End User License Agreement

END-USER LICENSE AGREEMENT

Important - Read carefully:

This End-User License Agreement ('EULA') is a legal agreement between you (either an individual or a single entity) and Author of this Software ('Hale Solutions Inc') for the Software Product 'NoteGuardian', which includes computer software and may include associated media, printed materials, and 'online' or electronic documentation ('Software Product'). The Software Product also includes any updates and supplements to original software provided to you. 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 any of the terms of this EULA, you are not permitted to use the Software Product in any way, and all copies of it must be deleted from your system(s).

The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold.

GRANT OF LICENSE.

Hale Solutions Inc grants you the rights described in this EULA provided that you comply with all the terms and conditions of this EULA:
General Software License Grant.
You are granted a right to install the Software Product and use it. Hale Solutions Inc grants the use of the Software Product according to one of the license types below as identified in the product title. All entities must have a separate license.

Trial/Demo version (No costs).

Use of the Software Product without purchase of a license shall be limited to evaluation purposes only. The Software Product must be destroyed when the trial period has expired if you have not purchased a license.

Single User License.

If you purchased a Single User License, Hale Solutions Inc grants to you one (1) personal, nontransferable, nonexclusive, royalty-free license to use copies of the Software Product and install such Software on a single machine for your single concurrent internal use. Use of the Software Product by other individuals is permitted only if said other individual has been licensed to use the Software Product.

Site License.

If you purchased a Site License, Hale Solutions Inc grants to you multiple personal, nontransferable, nonexclusive, royalty-free licenses to use copies of the Software Product and install such Software on any number of machines for your internal use in a single physical location. The exact number of such licenses granted shall be determined by sales contract between you and Hale Solutions Inc.

License Key.

The software requires a license key or file to install or access it. You are responsible for the use of license key or file assigned to you. You may not share the license key or file with third parties.

Disassembly.

You may not modify this product in any manner. You shall not, nor allow others to copy, in whole or in part, emulate, sub-license, sell, transfer, exploit, alter, modify or adapt the Software Product nor decompile, dissemble, or reverse engineer the same nor attempt to do such thing.

Reservation of Rights.

Hale Solutions Inc reserves all rights not expressly granted herein.

Backup Copy.

You may make one backup copy of the software. You may use it only to reinstall the software.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

Rental.

You may not lease or rent the Software Product.

Proprietary notices.

You may not remove any proprietary notices or labels on the Software Product.

Consideration.

For the rights and license granted in this EULA you will pay Hale Solutions Inc the currently published retail price available at www.NotGuardian.com or another mutually agreed upon amount to appear on a valid invoice.

Termination.

Without prejudice to any other rights, Hale Solutions Inc 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 all of its component parts.

Term.

The term of this EULA shall continue perpetually from the date of purchase unless terminated according to the provisions within this EULA.

SOFTWARE MAINTENANCE AND UPDATES.

Hale Solutions Inc periodically releases updates to existing versions, and also complete new versions, of the Software Product. You may install updates and new versions at any time at no charge.
Hale Solutions Inc is not obligated to, but may at its own option, provide free email support.
If this copy of the Software Product is an upgrade from an earlier version of the Software Product, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Software Product to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software Product or transfer it to another person or entity unless such transfer is otherwise valid according to the terms of this EULA.

EXPORT RESTRICTIONS.

You acknowledge that the Software Product is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end use, and destination restrictions issued by U.S. and other governments.

COPYRIGHT.

All title and copyrights in and to the Software Product (including but not limited to any images, photographs, text, and functionality incorporated into the Software Product), the accompanying printed materials, and any copies of the Software Product are owned by Hale Solutions Inc. The Software Product is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software Product like any other copyrighted material.

LIMITATION OF LIABILITY.

No warranties.

Hale Solutions Inc expressly disclaims any warranty for the Software Product. The Software Product and any related documentation is provided 'as is' without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the Software Product remains with you.

No liability for damages.

To the maximum extent permitted by applicable law, in no event Hale Solutions Inc is liable for damages, including any general, special, incidental, or consequential damages arising out of the use or inability to use this product (including but not limited to loss of data, or data being rendered inaccurate, or losses sustained by you or third parties, or a failure of the program to operate with any other programs), even if Hale Solutions Inc has been advised of the possibility of such damages

DISCLAIMER.

THIS SOFTWARE IS PROVIDED 'AS IS', WITHOUT A WARRANTY OF ANY KIND. THE AUTHOR OF THIS SOFTWARE ('Hale Solutions Inc') DOES NOT TAKE ANY RESPONSIBILITY FOR ANY DAMAGES SUFFERED AS A RESULT OF USING THE SOFTWARE. IN NO EVENT WILL Hale Solutions Inc BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF Hale Solutions Inc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AUTHOR DOES NOT WARRANT THAT NoteGuardian IS FREE FROM BUGS, ERRORS, OR OTHER PROGRAM LIMITATIONS. LIMITATION OF LIABILITY AND DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR IS 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 THE AUTHOR HAS 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. THE AUTHOR WILL NOT BE SUBJECT TO LIABILITY FOR ANY BUGS OR DAMAGES CAUSED BY CERTAIN NoteGuardian FEATURES.

LANGUAGE OF AGREEMENT.

You agree that this EULA be drafted in the English language.

APPLICABLE LAW.

This EULA shall be governed by, construed, and enforced in accordance with the laws of the State of Oregon, USA.

DISPUTES.

Any disputes that arise between the parties with respect to this EULA shall be submitted to binding arbitration by the American Arbitration Association to be determined and resolved by that Association by its rules and procedures in effect at the time of submission. The parties agree to share equally in the costs of this arbitration (Not including attorneys’ fees, if any. Each party agrees to pay its own attorneys’ fees.). The final arbitration decision shall be enforceable through the courts of the state of Oregon, USA, and any other state where the parties are doing business or have assets.

AUTHOR.

Hale Solutions Inc
17675 SW Farmington Road
PMB 132
Beaverton OR 97007
USA

EFFECTIVE DATE.

This EULA is effective as of March 6, 2014.