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DISCLAIMER AND LEGAL RIGHTS
NO WARRANTIES
ALL WEB PAGES, SERVICES AND PRODUCTS ARE PROVIDED, AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR USE OR PURPOSE OR NON-INFRINGEMENT. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY
REPRESENTATIONS REGARDING THE MISUSE, RESULTS OF USE, PERFORMANCE OR USE OF ANY AND ALL WEB PAGES, WEB SITES, CODES, PRODUCTS, SERVICES OR
WRITTEN MATERIALS IN TERMS OF THE ACCURACY, CORRECTNESS, CURRENTNESS, RELIABILITY OR PERFORMANCE OF ANY WEBPAGES, IMAGES, MATERIALS, PROGRAMS, OR
SOFTWARE INCLUDING ANY AND ALL ITEMS, CODE, PRODUCTS OR SERVICES OFFERED ON THIS SITE OR ANY MERCHANT OR AFFILIATE SITES.
YOU ASSUME THE ENTIRE RISK AND LIABILITY AS TO THE RESULTS, PERFORMANCE, USE, FITNESS, OPERATION OR NON-OPERATION OF ANY AND ALL PRODUCTS, CODES,
WEB PAGES, WEB SITES, MATERIALS (WRITTEN, IMPLIED OR OTHERWISE) INCLUDING SERVICES PROVIDED BY US (InOutTechnologies), INCLUDING CORRESPONDENCE
AND E-MAILS AND ARE IN NO WAY WARRANTS IN ANY MANNER, WAY OR FORM BY US. (InOutTechnologies, InOutPublishing).
YOU ALSO ASSUME TOTAL LIABILITY AND COSTS IN THE USE, REPAIR, SERVICING, COUNSELING, OR CORRECTION OF ANY AND ALL PRODUCTS, SERVICES, CODES
AND/OR MATERIALS PROVIDED BY OR THROUGH US, (InOutTechnologies, InOutPublishing) OUR AFFILIATES AND THIS WEBSITE.
THIS IS THE ONLY WARRANTY OF ANY KIND (EITHER EXPRESSED OR IMPLIED) THAT IS MADE BY US AND OUR COMPANY. NO ORAL, VERBAL, WRITTEN INFORMATION, OR
ADVICE GIVEN BY OUR COMPANY SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY OR OUR LIABILITY AND YOU MAY NOT RELY ON
SUCH INFORMATION OR ADVICE TO DO SO BY US OR ANY THIRD PARTIES.
USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE AGREEMENTS AND RELEASE OF CLAIM, ANY AND ALL SUFFERED LIABILITIES TO INCLUDE ALL DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF THIS SITE, IT’S MATERIALS, PRODUCTS, SERVICES,
CODES, AUDIO, VIDEO AND GRAPHICAL IMAGES. FURTHERMORE THE AFOREMENTIONED ARE OUR PROPERTY AND COPYRIGHTED AS SUCH, MAY NOT BE COPIED, USED, SOLD,
LICENSED OR REPRODUCED BY MECHANICAL OR DIGITAL MEANS WITHOUT OUR EXPRESSED WRITTEN PERMISSION.
OUR COMPANY, IT’S SUPPLIERS AND AFFILIATES, WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATIONS, DAMAGES IN THE FORM OF
USE, LOSS AND/OR INTERRUPTION OF BUSINESS, AND/OR PROFITS AND/OR INFORMATION, AND/OR ANY AND ALL OTHER PECUNIARY OR TEMPORAL LOSSES OR COSTS.
SIMPLY STATED WE MAKE NO WARRANTIES OF ANY KIND AND YOU, THE VISITOR/CUSTOMER/PURCHASER, ASSUME ALL RISK AND LIABILITIES.
THE ENCLOSED COMPUTER PROGRAMS, SOFTWARE AND ACCOMPANYING DOCUMENTATION ARE PROVIDED TO THE END-USER FOR USE ONLY UNDER THE FOLLOWING TERMS.
INOUTTECHNOLOGIES, INOUTTECHNOLOGY, INOUTPUBLISHING, ECOMPENSE, INOUTECH, INOUTEK,HEREAFTER KNOWN AS LICENSOR (OUR COMPANY) RESERVES ANY RIGHT
NOT EXPRESSLY GRANTED TO THE END USER.
THE END USER OWNS THE DISK ON WHICH THE SOFTWARE IS RECORDED, BUT LICENSOR RETAINS OWNERSHIP OF ALL COPIES OF THE THE SOFTWARE OR PROGRAMS
ITSELF. THE END USER ASSUMES SOLE RESPONSIBILITY FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM THE USE OF THE SOFTWARE.
END USER IS GRANTED A LIMITED, NON-EXCLUSIVE LICENSE TO DO THE FOLLOWING:
-INSTALL AND MAINTAIN THE SOFTWARE ON ONE COMPUTER AT ANY TIME FOR THE USE ONLY IN THE END USERS'S OWN BUSINESS.
-MAKE ONE COPY IN MACHINE READABLE FORM SOLELY FOR BACKUP OR ARCHIVAL PURPOSES FOR THE COMPUTER WHICH THE SOFTWARE IS INSTALLED. COPYRIGHT LAW
PROTECTS THE SOFTWARE. AS AN EXPRESS CONDITION OF THIS LICENSE THE END USER MUST REPRODUCE ON THE COPY, LICENSOR'S COPYRIGHT NOTICE AND ANY OTHER
PROPRIETARY LEGENDS ON THE ORIGINAL COPY SUPPLIED BY THE LICENSOR
-RESELL THE SOFTWARE FOR PROFIT AND UPLOAD THE ACCOMPANYING SALES MATERIAL PROVIDED END USER HAS AN EXPRESSED RESELL LICENSE PROVIDED FROM THE
LICENSOR. END USER MAY NOT DISTRIBUTE SOFTWARE IN ANY OTHER FORM THAN BY UPLOAD DIRECTLY FROM OUR COMPANY.
RESTRICTIONS
THE END USER MAY NOT GIVE THE SOFTWARE AWAY, NOR ADD IT TO A BUNDLED PACKAGE, AUCTION ANY OF IT ON EBAY OR LIST ANY PART OR WHOLE ON ANY OTHER
AUCTION OR MEMBERSHIP WEBSITE UNLESS INDIVIDUAL SOFTWARE RIGHTS EXIST STATING OTHERWISE.
-THE SOFTWARE CONTAINS TRADE SECRETS AND THE END USER MAY NOT DECOMPILE, REVERSE ENGINEER, DISASSEMBLE, OR OTHERWISE REDUCE THE SOFTWARE TO A
HUMAN READABLE FORM.
-THE END USER MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, OR OTHERWISE ASSIGN OR TRANSFER THE SOFTWARE OR
CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEROF, EXCEPT AS EXPRESSLY PROVIDED IN THE EXPRESSED RESELL LICENSE PROVIDED
ABOVE.
PROTECTION AND SECURITY
THE END USER AGREES TO USE ITS BEST EFFORTS AND TO TAKE ALL REASONABLE STEPS TO SAFE GAURD THE SOFTWARE TO ENSURE THAT NO UNAUTHORIZED PERSON
SHALL HAVE ACCESS THERETO AND THEN NO UNAUTHORIZED COPY, PUBLICATION, DISCLOSURE OR DISTRIBUTION IN WHOLE OR IN PART IN ANY FORM SHALL BE MADE.
THE END USER ACKNOWLEDGES THAT THE SOFTWARE CONTAINS VALUABLE CONFIDENTIAL INFORMATION AND TRADE SECRETS AND THAT UNAUTHORIZED USE AND/OR COPYING
ARE HARMFUL TO LICENSOR AND WILL NOT BE PERMITTED. VIOLATORS WILL BE PROSECUTED TO THE FULL EXTENT OF THE LAW.
TERMINATION
THIS LICENSE IS EFFECTIVE UNTIL TERMINATED. THIS LICENSE WILL TERMINATE IMMEDIATELY WITHOUT NOTICE FROM LICENSOR IF THE END USER FAILS TO COMPLY
WITH ANY OF ITS PROVISIONS. UPON TERMINATION THE END USER MUST DESTROY THE SOFTWARE AND ALL COPIES THEREOF, AND THE END USER MAY TERMINATE THIS
LICENSE AT ANY TIME BY DOING SO. LICENSOR MAY TERMINATE LICENSE WITH ANYONE AT ANY TIME WITHOUT PRIOR NOTICE EXCEPT THAT OF CANCELLATION OF
RENEWAL. DUE TO THOSE THAT WOULD SAY THEY NEVER RECEIVED NOTICE VIA EMAIL; LICENSOR MAY END AND TERMINATE LICENSE WITHOUT WARNING. LICENSOR
RETAINS ALL OWNERSHIP AND RETAINS EXCLUSIVE AND NON EXCLUSIVE RIGHTS AND ALL RIGHTS TO ALL PRODUCTS HEREIN. TERMINATION WILL INCLUDE EMAIL
CORRESPONDENCE AND LICENSOR IS NOT LIABLE FOR SAID CORRESPONDENCE NOR ANY PROFITS OR LOSSES RESULTING FROM SAID TERMINATION. TERMINATION ALSO
TERMINATES ALL PAYMENTS AND CREDITS AND NULL AND VOIDS ALL FINANCIAL STATEMENTS AND AGREEMENTS WITHOUT REFUND OR REIMBURSEMENT EXCEPT AT
LICENSORS DISCRETION
SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATIONS OF LIABILITY. THEREFORE, YOU MAY HAVE RIGHTS DISALLOWING THE LIMITATIONS OF LIABILITY PROVIDED
ABOVE.
SOFTWARE TERMINATION DUE TO NONPAYMENT. IF THE LICENSE IS FOR A LIMITED TIME OR A RENEWABLE LICENSE, CONTINGENCY IS IN EFFECT, EFFORTS
WILL BE MADE TO RENEW THE LICENSE AGREEMENT. FAILURE TO RENEW THE LICENSE CONTINGENCY WILL RESULT IN THE SOFTWARE PLACED IN SUSPENSION MODE THEN
TERMINATION MODE. SOFTWARE WILL REMAIN IN SUSPENSION MODE UNTIL AFTER THE LICENSE IS RENEWED AND A LIVE PERSON IS MADE AWARE OF THIS OCCURRENCE.
THIS MAY OR MAY NOT REQUIRE DOWNLOAD REPLACEMENT. ONCE SOFTWARE IS TERMINATED IT MUST BE REPLACED. THEREFORE COMMUNICATION IS REQUIRED AND IS
MANDATORY. END USER IS RESPONSIBLE FOR THE OPERATION AND MAINTENANCE TO INCLUDE RECEIPT OF SAID EMAIL WITH SAID EMAIL ACCOUNT UPDATED. ACCOUNTS
GOING INTO SUSPENSION MAY BE RESTORED WITH A MINIMAL FEE. ACCOUNTS GOING INTO TERMINATION MAY OR MAY NOT BE RESTORED.
LIMITED WARRANTY
LICENSOR WARRANTS THAT, FOR 30 DAYS FROM THE INITIAL USE BY THE ORIGINAL END USER, THE SOFTWARE SHALL OPERATE IN ACCORDANCE WITH THE PUBLISHED
FUNCTIONAL SPECIFICATIONS CURRENT AT THE TIME OF SHIPMENT. IF, DURING THE WARRANTY PERIOD, A DEFECT APPEARS, END USER SHALL RETURN THE SOFTWARE
TO LICENSOR WHO'S ONLY OBLIGATION SHALL BE AT LICENSORS ELECTION TO REPLACE THE DEFECTIVE SOFTWARE. THE END USER AGREES THAT THE FOREGOING
CONSTITUTES THE END USERS SOLE AND EXCLUSIVE REMEDY FOR BREACH BY LICENSOR UNDER ANY WARRANTIES MADE UNDER THIS AGREEMENT.
THIS WARRANTY DOES NOT COVER ANY SOFTWARE THAT HAS BEEN ALTERED OR CHANGED IN ANY WAY BY ANYONE OTHER THAN LICENSOR. LICENSOR IS NOT RESPONSIBLE
FOR PROBLEMS ASSOCIATED WITH OR CAUSED BY INCOMPATIBLE OPERATING SYSTEMS OR EQUIPMENT, OR FOR PROBLEMS IN THE INTERACTION OF THE SOFTWARE WITH
SOFTWARE NOT FURNISHED BY LICENSOR. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS DEALERS, DISTRIBUTORS, EMPLOYEES OR AGENTS
SHALL IN ANY EXTEND, MODIFY OR ADD TO THE FOREGOING WARRANTY.
THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE END USER ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, AND
PERFORMANCE OF THE SOFTWARE. IN NO EVENT WILL LICENSOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESSS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OT THE USE OF OR INABILITY TO USE THE
SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LICENSORS LIABILITY TO THE THE END USER (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER AND REGARDLESS FO THE FORM OF THE ACTION WILL
BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO LICENSOR FOR THE LICENSE OF THE SOFTWARE.
GUARANTEE - PURCHASER REDEMPTION
OUR COMPANY’S PURCHASER’S REMEDY SHALL BE A REFUND OF THE PURCHASE PRICE PAID FOR OUR PRODUCTS LIMITED FROM 0 TO 30 (OR PERHAPS 90 DAYS) FROM THE
PURCHASE DATE. OUR COMPANY GUARANTEES AND WARRANTS ALL SOFTWARE WILL INSTALL AND OPERATE ON YOUR PC SYSTEM OR SERVER OR SYSTEM WITH SOFTWARE
REQUIRED OPERATING SYSTEMS. ALL REMEDIES ARE LIMITED TO THE UNITED STATES OF AMERICA.
OUR COMPANY RESERVES THE RIGHT TO NOT PROVIDE REFUNDS IN THE CASE OF SOURCE CODE DUE TO THE VERY NATURE OF SELLING SUCH CODE(S). THEREFORE WITH
PROPER NOTIFICATION AND AT OUR DISCRETION WE WILL NOT BE OFFERING A GUARANTEE OR PURCHASER REDEMPTION ON ITEMS OF SOURCE CODE.
OUR COMPANY RESERVES THE RIGHT TO USE OUR SECURITY SOFTWARE ON ANY AND ALL PRODUCTS AT ANY AND ALL TIMES THEREFORE SOFTWARE USERNAMES AND/OR
PASSWORDS ARE SUBJECT TO CHANGE AT ANY AND ALL TIMES. AND SOFTWARE SUSPENDED IS SOFTWARE TERMINATED ON THOSE WHICH ARE REFUNDED OR DELINQUENT,
THEREBY DISABLING THEIR ABILITY AND FUNCTION. WE DO THIS TO SAFEGUARD WHAT IS OURS AND TO ELIMINATE THE PASSING OF SOFTWARE WHICH IS NOT PAID
FOR.
WE ALSO RESERVE THE RIGHT TO DO BUSINESS WITH WHOMEVER WE CHOOSE OR NOT
UPGRADES
FROM TIME TO TIME LICENSOR MAY, IN ITS SOLE DISCRETION, ADVISE THE END USER OF UPDATES, UPGRADES, ENHANCEMENTS OR IMPROVEMENTS TO THE SOFTWARE
AND/OR NEW RELEASES OF THE SOFTWARE (COLLECTIVELY, "ENHANCEMENTS"), AND MAY LICENSE THE END USER TO USE SUCH ENHANCEMENTS UPON PAYMENT OF PRICES
AS MAY BE ESTABLISHED BY LICENSOR FROM TIME TO TIME. ALL SUCH ENHANCEMENTS TO THE SOFTWARE PROVIDED TO THE END USER SHALL ALSO BE GOVERNED BY THE
TERMS OF THIS LICENSE. IN ORDER FOR THE END USER TO BE ASSURED THAT IT WILL BE ADVISED OF ANY LICENSED TO USE ANY ENHANCEMENTS TO THE SOFTWARE,
THE END USER MUST COMPLETE, SIGN AND RETURN TO LICENSOR THE ATTACHED END USER REGISTRATION CARD.
DISPUTES
THIS LICENSE AGREEMENT SHALL BE GOVERNED BY, CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE ca, AS IT IS APPLIED TO AGREEMENTS ENTERED
INTO AND TO BE PERFORMED ENTIRELY WITHIN SUCH JURISDICTION.
TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ROY LEONHARDT, INOUTTECHNOLOGIES, INOUTPUBLISHING, INOUTEK, INOUTECH,
INOUTTECHNOLOGY, ECOMPENSE OR OTHER WORK AT HOME ... COMPANIES AND/OR ITS AFFILIATES' INTELLECTUAL PROPERTY RIGHTS, ROY LEONHARDT,
INOUTTECHNOLOGIES, INOUTPUBLISHING, INOUTEK, INOUTECH, INOUTTECHNOLOGY, ECOMPENSE OR OTHER WORK AT HOME ... COMPANIES AND/OR ITS AFFILIATES MAY
SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CA, AND YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE
IN SUCH COURTS.
ANY OTHER DISPUTES WILL BE RESOLVED AS FOLLOWS:
IF A DISPUTE ARISES under this agreement, We've agreed to first try to resolve it with the help of the disagreeing party. If no agreement
can be reached then by a mutually agreed upon mediator in the following location: Sacramento County-and any costs and fees and other than
attorney fees associated with the mediation will be shared equally by each OF US .
If it proves impossible to arrive at a mutually satisfactory solution for mediation, we agree to submit the dispute to binding arbitration at
following location: Sacramento County, under the rules of the American arbitration association. Judgment upon the award rendered by the
arbitration may be entered in any court with jurisdiction to do so.
If any provision of this license is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law,
that provision will be in force to the maximum extent permissible, and the remaining provisions of this license will remain in full force and
effect. Any notices or other communications to be sent to licensor must be mailed first class postage prepaid to the following address:
InOutTechnology, InOutPublishing, InOuTek, InOuTech PO Box 2393, Fair Oaks, CA, 95628-2393
This agreement constitutes the entire agreement between the parties with respect to this subject matter thereof, and all prior proposals,
agreements, representations', statements and undertakings are hereby expressly canceled and superseded.
This Agreement may not be changed or amended except by a written instrument executed by a duly authorized officer of licensor
Acknowledgment
By using this website or opening this package the end user acknowledges that he/she has read this license, understands it and agrees to be bound
by its terms and conditions. If you have any questions concerning this licensed Contact licenser at the address set forth below in the copyright
notice.
Copyright © 2007 InOutTechnologies, InOutPublishing, PO Box 2393, Fair Oaks, CA, 95628 All Rights Reserved
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