CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE.
BY OPENING THE PACKAGE, DOWNLOADING THE PRODUCT, OR USING THE EQUIPMENT THAT
CONTAINS THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU
DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD OR USE THE
PRODUCT
Single User License Grant: Chan Group Inc. ("Chan
Group") and its suppliers grant to Customer ("Customer") a
nonexclusive and nontransferable license to use the NoteCaddy software
("Software") in object code form solely on any central processing
unit owned or leased by Customer or otherwise embedded in equipment provided by
Chan Group. The software is only allowed
to run on one computer at a time.
Multiple-Users License Grant: Chan Group Inc. ("Chan
Group") and its suppliers grant to Customer ("Customer") a
nonexclusive and nontransferable license to use the NoteCaddy software
("Software") in object code form: installed in any location on a hard
disk or other storage device of up to the number of computers owned or leased
by Customer ("Permitted Number of Computers. Customer grants to Chan Group or its
independent accountants the right to issue a new license key if it is
discovered that the license was used on multiple computers at the same time. At
Chan Group Inc’s option, Chan Group Inc may terminate this license for any
reason, provided Chan Group Inc issues a refund of all fees paid by Customer.
EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY, IN WHOLE OR IN
PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR
REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE,
DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE.
Customer agrees that aspects of the licensed materials, including the specific
design and structure of individual programs, constitute trade secrets and/or
copyrighted material of Chan Group Inc. Customer agrees not to disclose,
provide, or otherwise make available such trade secrets or copyrighted material
in any form to any third party without the prior written consent of Chan Group
Inc. Customer agrees to implement reasonable security measures to protect such
trade secrets and copyrighted material. Title to Software and documentation
shall remain solely with Chan Group Inc.
LIMITED WARRANTY: Chan Group
warrants that for a period of ninety (180) days from the date of shipment from
NoteCaddy: (i) the media on which the Software is
furnished will be free of defects in materials and workmanship under normal
use; and (ii) the Software substantially conforms to its published
specifications. Except for the foregoing, the Software is provided AS IS. This
limited warranty extends only to Customer as the original licensee. Customer's
exclusive remedy and the entire liability of Chan Group Inc and its suppliers
under this limited warranty will be, at Chan Group Inc or its service center's
option, repair, replacement, or refund of the Software if reported (or, upon
request, returned) to the party supplying the Software to Customer. In no event
does Chan Group Inc warrant that the Software is error free or that Customer will
be able to operate the Software without problems or interruptions.
This warranty does not apply if the software (a) has been altered, except by Chan
Group Inc, (b) has not been installed, operated, repaired, or maintained in
accordance with instructions supplied by Chan Group Inc, (c) has been subjected
to abnormal physical or electrical stress, misuse, negligence, or accident, or
(d) is used in ultra hazardous activities.
DISCLAIMER: EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL
EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE,
OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
IN NO EVENT WILL CHAN GROUP INC OR ITS SUPPLIERS BE LIABLE FOR ANY LOST
REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL,
OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF CHAN GROUP
INC OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In
no event shall Chan Group Inc's or its suppliers' liability to Customer,
whether in contract, tort (including negligence), or otherwise, exceed the
price paid by Customer. The foregoing limitations shall apply even if the
above-stated warranty fails of its essential purpose. SOME STATES DO NOT ALLOW
LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
The above warranty DOES NOT apply to any beta software, any software made
available for testing or demonstration purposes, any temporary software modules
or any software for which Chan Group Inc does not receive a license fee. All such
software products are provided AS IS without any warranty whatsoever.
This License is effective until terminated. Customer may terminate this License
at any time by destroying all copies of Software including any documentation.
This License will terminate immediately without notice from Chan Group Inc if
Customer fails to comply with any provision of this License. Upon termination,
Customer must destroy all copies of Software.
Software, including technical data, is subject to U.S. export control laws,
including the U.S. Export Administration Act and its associated regulations,
and may be subject to export or import regulations in other countries. Customer
agrees to comply strictly with all such regulations and acknowledges that it
has the responsibility to obtain licenses to export, re-export, or import
Software.
This License shall be governed by and construed in accordance with the laws
of the State of Florida, United States of America, as if performed wholly
within the state and without giving effect to the principles of conflict of
law. If any portion hereof is found to be void or unenforceable, the remaining
provisions of this License shall remain in full force and effect. This License
constitutes the entire License between the parties with respect to the use of
the Software.
Restricted Rights: Chan Group Inc's software is provided to
non-DOD agencies with RESTRICTED RIGHTS and its supporting documentation is
provided with LIMITED RIGHTS. Use, duplication, or disclosure by the Government
is subject to the restrictions as set forth in subparagraph "C" of
the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19.
In the event the sale is to a DOD agency, the government's rights in software,
supporting documentation, and technical data are governed by the restrictions
in the Technical Data Commercial Items clause at DFARS 252.227-7015 and DFARS
227.7202.
Manufacturer is Chan Group Inc, 16302 Malibu Dr Weston FL 33326 (954)934-9592