LICENSE AGREEMENT BETWEEN YOU AND
Copyright © 2020 MoneyEdge, Inc. All Rights Reserved.
This Software License Agreement sets forth the terms and conditions for licensing of the MoneyEdge™ software (the “Software”) from MoneyEdge, Inc. (the “Licensor”) to you (the “Licensee”). Usage of the Software indicates that you have read and understand this Agreement and accept its terms and conditions. DO NOT USE THE SOFTWARE UNTIL YOU HAVE CAREFULLY READ THE FOLLOWING AGREEMENT. If, after you fully understand the License Agreement, you decide that you are willing to become bound by all of its terms and conditions, please click on the location indicating "I accept the terms in the License Agreement" and you will then be bound by this License Agreement and, subject to payment of license fees when due (other than during a trial, for which no fees are payable), you will be entitled to use the Licensed Software. If you click the location indicating "I do not accept the terms in the License Agreement" you will not be entitled to use or be granted access to the Licensed Software. By using the Software, you agree to the legal terms and conditions as follows.
The licensor encourages you to read and fully understand this license agreement before deciding whether you are willing to be bound by it. If you have any questions, we recommend that you show this license agreement to your lawyer and obtain advice as to your rights and obligations before becoming bound by it.
The Software in its entirety is protected by copyright laws. The Software was developed by Innovative Money Software (the “Developer”) and contains trade secrets, and you may not disassemble, decompile, re-engineer, or otherwise reduce the Software to another derivative form. You may not modify, adapt, translate, rent, sublicense, assign, loan, resell for profit, distribute, or network the Software program or related materials, or create works based upon the Software or any part thereof. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create plagiaristic works from, transfer, or sell any information obtained from the Software or the web site which hosts the Software.
The terms and conditions of this license agreement are as follows:
The computer system, procedures, databases, and programs created and maintained by the Developer contain proprietary confidential information and trade secrets of substantial economic value. Any unauthorized use, misuse, or disclosure of such items or information is strictly prohibited and may result in civil liabilities and criminal penalties under applicable law. Money Edge™, Money Edge PRO™, and Money Edge Personal Review Organizer™ are service marks of the Licensor and no license, assignment, or permission is granted herein, expressly, implied, by estoppels or otherwise to use them, or to use any of the marks affixed to the databases accessed via the Software.
The advisor presenting the program may make any representations and hereby exclude any warranty, express or implied, about the accuracy, completeness, timeliness or suitability for any purpose of the information presented via the Software, or about the performance or availability of the Software.
Neither you nor any user of the Software is a third-party beneficiary to any agreement to which the Licensor or Developer or its affiliates is a party.
In order to use the Software, you need the hardware equipment and software connection necessary to connect to the World Wide Web. You are responsible for installing, maintaining, and operating your computer and the associated connections. The Licensor or Developer is not responsible for any problems caused by your computer, including any virus or related problems associated with your use of the Software on your computer.
During the registration process for the Software, you will set up a unique user ID and a password. Each ID and corresponding Password can only be used by one user with respect to his or her activities on behalf of a particular group of clients and must be kept secret. You are solely responsible for the confidentiality and use of your ID and Password and for the confidentiality and use of data, information and communications entered through or obtained from the Software using your ID and Password. You agree to comply with security procedures designed to protect the confidentiality and use of your ID and Password and data, information and communications entered through or obtained from the Software. You are authorized to use the Software only for your own clients, in accordance with accepted privacy laws, limiting the viewing of that information to those in a supervisory or training capacity. You are expressly prohibited from using the software in a "back-office" environment where you create Plans (using the Software) for other planners, advisors, and/or brokers within your firm to use with their clients. You agree to notify the Licensor immediately if you become aware of any loss, theft or unauthorized use of your ID or Password and the Licensor reserves the right to delete or change one or both of them at any time and for any reason. Licensee shall not assign, rent, lease, sell, sublicense, pledge, encumber or otherwise transfer the Licensed Software to another party without the prior written consent of the Licensor and Developer. Any party authorized by the Licensor to receive the Software must agree to be bound by the terms and conditions of this license. The Licensor reserves the right to withhold such consent for any reason.
Your credit card will be charged each month on your subscription date which is determined at the end of your trial period. The credit card charged will be the card used for the previous purchase and can be changed any time by going to the billing section of the advisor’s site. You can also cancel your subscription at any time by going to the billing section and clicking on the cancel button. Any fees already collected will not be refunded. If the credit card being charged is no longer valid, we will notify you and request that you renew manually with a valid credit card through the billing section. If any fee to be paid by you upon initial subscription or renewal is past due, this Agreement and the license granted hereunder may be terminated without prior notice. You agree that upon termination, the Licensor may, but is not required to, delete all information related to your account and may bar your access to your account and the Software. The Licensor, in its sole and absolute discretion, may end this Agreement and your license to use the Software at any time, without prior notice, if you fail to comply with any of your obligations under this Agreement or if you make any representation that is inaccurate.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227-7202-1 through 227-7202-4 (JUNE 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein, MoneyEdge, Inc., P.O. Box 203246, Austin, TX 78759.
You are prohibited from using any links to the Software from any other web sites unless establishment of such a link is approved in advance by the Licensor in writing. You may not frame any element of the Software with any other website or access the Software through any device or service designed to provide high-speed, automated and/or repeated access to the Software, unless such device or service is provided or approved in writing by the Licensor. You will make no deliberate attempt to access any information that you do not have permission to access. If you discover that you have access to information you do not have
authority to access, you agree to immediately terminate such access and
inform MoneyEdge, Inc by emailing us at email@example.com.
If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by Texas law (without reference to choice of law principles), except as to copyright and trademark matters, which are covered by federal laws. This Agreement is deemed entered into at Austin, Texas, and shall be construed as to its fair meaning and not strictly for or against either party. You agree that the proper forum for claims under this Agreement will be the courts of the State of Texas for Travis County and you agree to submit to the jurisdiction of these courts.
IN NO EVENT WILL THE LICENSOR OR DEVELOPER’S LIABILITY UNDER ANY THEORY OF LIABILITY EXCEED LICENSEE’S ANNUAL LICENSE FEE FOR THE LICENSED SOFTWARE AND IN NO EVENT SHALL THE LICENSOR OR DEVELOPER BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE LICENSED SOFTWARE, ACCOMPANYING PRINTED OR WRITTEN MATERIALS OR ANY PROGRAM, EVEN IF THE LICENSOR OR DEVELOPER OR ITS AUTHORIZED PERSONNEL WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY OTHER CLAIM BY LICENSEE OR ANY OTHER PERSON.