END USER LICENSE AGREEMENT
Before you download and use the SOFTWARE provided, you should read the terms and conditions of license set out in the following agreement:
LIMITED USE LICENSE AGREEMENT
BudgeX (the \'Supplier\') licenses you, the licensee, to use the SOFTWARE on the following terms and conditions. You agree that these terms and conditions will apply to the SOFTWARE and your use of the SOFTWARE. The term SOFTWARE means the computer program (the \'Program\') and related documents supplied in this package.
You do not own the copyright or other intellectual property rights in the SOFTWARE or in any proprietary information it may contain. Your rights to use the SOFTWARE are as specified in this Agreement. The Supplier retains all rights not expressly granted to you in this Agreement.
2. HOW YOU MAY USE THE SOFTWARE
2.1 The non-exclusive license granted in this Agreement is for you only.
2.2 You may only transfer, assign or otherwise dispose of the license granted to you under this Agreement if you first obtain the Suppliers written consent. If you attempt to transfer, assign or otherwise dispose of this license without that consent, your license to use the SOFTWARE terminates.
2.3 You may not rent, sell, lend or lease the SOFTWARE.
2.4 You may use the SOFTWARE in the manner and for the purpose described in the Software Documentation (the \'Intended Purpose\'). You are licensed to use the SOFTWARE only for the Intended Purpose and as described in Clause 2.5 and you may not use or copy the SOFTWARE in any other way.
2.5 For the Intended Purpose you may:
2.5.1 Install the SOFTWARE onto the permanent storage of a single stand-alone computer, which is controlled by you. You may not install the SOFTWARE onto the hard drives of two or more computers at the same time, or on a shared network location. If you want to use the SOFTWARE on another computer, you must either erase the SOFTWARE from the first hard drive before you install it on a second hard drive or purchase an additional copy from the Supplier.
2.5.2 Copy the SOFTWARE for backup purposes only (\'backup copies\') as long as you retain any copyright notices included with the SOFTWARE in any backup copies.
2.6 You may not translate, adapt, modify, reverse engineer, create derivative works based on the SOFTWARE, decompile or disassemble the SOFTWARE (whether for the purposes of error correction or otherwise) and you agree to adhere to the applicable law.
3. TERMINATION OF THE LICENSE
If you breach any provision of this Agreement, in the case of a serious or irremediable breach your license to use the SOFTWARE terminates immediately. In all other cases we will give you notice of the breach and a reasonable opportunity to cure the breach before the Agreement terminates. On termination you must destroy or return the SOFTWARE and all copies to us.
4. THE SUPPLIERS WARRANTIES
The Supplier warrants to you that the SOFTWARE will materially conform to the specifications described in the Software Documentation for 90 days from the date on which you acquire the SOFTWARE and that the SOFTWARE will be free from material defects under normal use. However, the Supplier does not warrant that the SOFTWARE will be error free. If the SOFTWARE fails to operate in accordance with, or the SOFTWARE does not conform to this warranty, please contact the Supplier. If the problem cannot be resolved the Supplier will (at its election) provide a replacement SOFTWARE or full refund.
5. LIMITATIONS OF LIABILITY
5.1 Subject to clause 5.3, the Suppliers aggregate liability, whether for negligence, breach of contract, misrepresentation or otherwise under or in connection with this Agreement, is limited to the purchase price paid by you for the SOFTWARE.
5.2 In no circumstances is the Supplier liable to you for any loss of data, profits, revenue or business or for any indirect or consequential losses or expenses, howsoever caused (even if foreseeable), and including, without limitation, loss of anticipated profits or savings, goodwill, reputation, business receipts or contracts, or losses or expenses resulting from third party claims.
5.3 Clause 5 survives termination of the license granted to you or termination of this Agreement for any reason.
6. GOVERNING LAW
This Agreement and your use of the SOFTWARE is governed by, and shall be construed in accordance with, United States federal laws and the laws of the State of California.