| TPASSIST LIMITED END USER LICENSING AGREEMENT
TPAssist First Steps and Dashboard Templates and Related Materials.
These license terms are an agreement between TPAssist Limited and you. Please read
them. They apply to the materials named above, which includes the media on which
you received it, if any. The terms also apply to any TPAssist Limited
- updates,
- supplements,
- Internet-based services, and
- support services
for these materials, unless other terms accompany those items. If so, those terms
apply.
BY USING THE MATERIALS, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT
USE THEM. ------------------------------
If you comply with these license terms, you have the rights below.
1. USE RIGHTS. You may download and copy of the material(s) on your device for your
purposes applicable to your license.
2. INTERNET-BASED SERVICES. TPAssist Limited provides commentary and other tools
on the Internet. It may change or cancel them at any time.
3. SCOPE OF LICENSE. The materials are licensed, not sold. This agreement only gives
you some rights to use the materials. TPAssist Limited reserves all other rights.
Unless applicable law gives you more rights despite this limitation, you may use
the materials only as expressly permitted in this agreement. For more information,
see www.tpassist.com. You may not
- publish the materials for others to copy;
- rent, lease or lend the materials;
- transfer the materials or this agreement to any third party; or
- use the materials for commercial purposes other than your own use.
4. BACKUP COPY. You may make one backup copy of the materials.
5. EXPORT RESTRICTIONS. For additional information, see www.tpassist.com.
6. SUPPORT SERVICES. Because these materials are supplied “as is,” we may not provide
support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based
services and support services that you use, are the entire agreement for the software
and support services.
8. APPLICABLE LAW. The laws of the state where you live govern all other claims,
including claims under state consumer protection laws, unfair competition laws,
and in tort.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other
rights under the laws of your country. You may also have rights with respect to
the party from whom you acquired the materials. This agreement does not change your
rights under the laws of your country if the laws of your country do not permit
it to do so.
10. DISCLAIMER OF WARRANTY. THE MATERIALS ARE LICENSED “AS-IS.” YOU BEAR THE RISK
OF USING IT. TPASSIST LIMITED GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS.
YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT
CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, TPASSIST LIMITED EXCLUDES
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM TPASSIST
LIMITED AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE TOTAL SALE PRICE OF YOUR
LICENSE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS,
SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
- anything related to the materials, software, services, content (including code)
on third party Internet sites, or third party programs; and
- claims for breach of contract, breach of warranty, guarantee or condition, strict
liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if TPAssist Limited knew or should have known about the possibility
of the damages. The above limitation or exclusion may not apply to you because your
country may not allow the exclusion or limitation of incidental, consequential or
other damages.
Further Information:
sales@tpassist.com
TPAssist Limited, registered in
Dublin, Ireland. Company Registration No. 442604.
Copyright
(C) 2007 TPAssist Limited (Ireland)
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