LAWDOG CREDIT REPORTING
Terms & Conditions of Use & LAWDOG
License Agreement
LAWDOGtm Credit
& Collection Basics 1998 is a software concept training cd-rom illustrating some basic concepts of
consumer credit reporting, debt collection, equal credit opportunity, and creditor
bankruptcy in the United States. Lawdog uses for illustration portions of the Fair Credit
Reporting Act as amended by the Consumer Credit Reporting Reform Act of 1996, the Fair
Debt Collection Practices Act, LAWDOG Equal Credit Opportunity, and
LAWDOG Creditor Bankruptcy. Other information may be available from WWW.LAWDOG.COM. No warranty as to accuracy of any reproduction of information is given,
and no reliance should be placed upon these materials included for illustration. Sources
of information are disclosed elsewhere herein. Use is subject
to the LAWDOG License Agreement, reproduced below for your review.
LAWDOG Credit & Collection
Basics 1998 is not a law book. Do not rely upon LAWDOG Credit & Collection Basics 1998 as a source for legal materials.
Your legal counsel, commercial legal publisher, or trade affiliates, professional
associations, or state or federal agencies might be considered for such material or
advice.
LAWDOG is not intended to be, and is not a substitute
for professional legal counsel. For actual cases, see your actual attorney or actual legal department. LAWDOG is not a legal self-help book for
legal do-it-yourselfers.
The information contained herein is intended to illustrate
general basic concepts for accounts receivable professionals. No guarantee, representation
or warrany is made concerning the contents, or concerning the information at the other end
of any internet links. Remember, LAWDOG is not intended to be, and is not a
substitute for professional legal counsel. For actual cases, see your actual attorney or legal department.
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LAWDOG License Agreement
LAWDOG Credit & Collection Basics 1998
LICENSE AGREEMENT: IMPORTANT: READ ENTIRE DOCUMENT CAREFULLY:
This LAWDOG Software End-User
License Agreement is a legal agreement between you (either an individual or a single
entity), referred to herein as YOU or Licensee. and LAWDOG.Com Publishing, Inc. for
the Software, which may include computer software, printed materials, and
"online" documentation. By installing, copying, or using the Software, you agree
to be bound by the terms of this License Agreement. If you do not agree to the terms of
this License Agreement, you may not use the Software.
LAWDOG.Com Publishing, Inc., having a corporate address
of 1188 West Bonanza Drive, Carson City, NV 89706 (LAWDOG) grants to you (Licensee)
the non-exclusive, transferable, right to use, on a single machine, (Software)
subject to the terms set forth herein. The software is licensed, not sold, to you.
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- GRANT OF LICENSE
- TITLE TO INTELLECTUAL PROPERTY
AND SOFTWARE
- COPYRIGHT
- NO CLAIM IS MADE TO SOFTWARE OWNED BY MICROSOFT CORPORATION
- NO CLAIM IS MADE
TO U.S. GOVERNMENT DOCUMENTS
- OTHER RESTRICTIONS
- LIMITED WARRANTY
- CUSTOMER REMEDIES
- NO OTHER WARRANTIES
- NO LIABILITY FOR
CONSEQUENTIAL DAMAGES
- DISCLAIMER OF WARRANTY
- LIMITATION OF LIABILITY
- ACKNOWLEDGEMENT OF
ALLOCATION OF RISK
- LICENSEE INDEMNIFICATION
- U.S. GOVERNMENT RIGHTS
RESTRICTED
- EQUITABLE REMEDIES
- EXCLUSIVE JURISDICTION AND VENUE
- SEVERABILITY
- GOVERNING LAW
- PUBLICITY
- MAILING ADDRESS
- ENTIRE AGREEMENT
GRANT OF LICENSE. This License
Agreement permits you to use one copy of the specified version of the LAWDOG software
product identified above ("SOFTWARE") on any single computer, provided the
SOFTWARE is in use on only one computer at any time. You may use the Software on a network
only if each person accessing the Software through the network has a licensed copy. If you
have multiple Licenses for the SOFTWARE, then at any time you may have as many copies of
the SOFTWARE in use as you have Licenses. The SOFTWARE is "in use" on a computer
when any component of the Software is loaded into the temporary memory (i.e. RAM) or
installed into the permanent memory (e.g. hard disk, CD-ROM, or other storage device) of
that computer, except that a copy installed on a network server for the sole purpose of
distribution to other computers is not "in use". If the anticipated number of
users of the SOFTWARE will exceed the number of applicable Licenses, you must have a
reasonable mechanism or process in place to assure that the number of persons using the
SOFTWARE concurrently does not exceed the number of Licenses. The LAWDOG
DATA component of the SOFTWARE must be used from a CD-ROM, and therefore may not be
permanently installed on the hard disk or other storage device of a computer.
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TITLE TO INTELLECTUAL PROPERTY AND
SOFTWARE. Subject to the limited rights and licenses granted under this License
Agreement, all rights, title and interests including patent, copyright, and trademark
rights in Software are and shall remain vested in LAWDOG to the exclusion of
Licensee. LAWDOG represents and warrants that LAWDOG has the legal
right to grant such licenses as are expressly granted under this Agreement. The software
is licensed, not sold, to you, Licensee.
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COPYRIGHT. The Software is
owned by LAWDOG or its suppliers and is protected by United States copyright laws
and international treaty provisions. Therefore, you must treat the Software like
any other copyrighted material (e.g., a book or musical recording) except that you may use
the Software as provided in this LAWDOG License Agreement. Information in
this document is subject to change without notice and does not represent a commitment on
the part of LAWDOG. No part of this publication may be reproduced , transmitted,
transcribed, stored in a retrieval system, or translated into any language in any form by
any means for any purpose other than the purchaser's personal use without express written
permission of LAWDOG.
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NO CLAIM IS MADE TO SOFTWARE OWNED BY MICROSOFT CORPORATION which may be included with
SOFTWARE. Any use of software supplied by Microsoft Corporation and included with this
cd-rom must be in compliance with all terms and licensing agreements provided by Microsoft
Corporation. Microsoft and Windows, are registered trademarks of Microsoft Corporation.
Microsoft and the Microsoft Internet Explorer Logos are registered trademarks of Microsoft
Corporation in the United States and/or other countries.
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NO CLAIM IS MADE TO U.S.
GOVERNMENT DOCUMENTS which may be reproduced in whole or in part with SOFTWARE.
Such documents are included to illustrate general concepts. No warranty whatsoever as to
authenticity of reproduction of such documents is made. Licensee is specifically advised
to independently verify documents from original U.S.Government sources by reference to
original documents available from other sources. LAWDOG disclaims all other
warranties, either express or implied, including but not limited to implied warranties of
merchantability and fitness for a particular purpose, with respect to the use of any
accompanying U.S. GOVERNMENT DOCUMENTS.
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OTHER RESTRICTIONS. This LAWDOG
License Agreement is your proof of license to exercise the rights granted herein and
must be retained by you. You may not rent or lease the SOFTWARE, or the use of the
SOFTWARE, but you may transfer your rights under this LAWDOG License Agreement on a
permanent basis provided you transfer this License Agreement, the SOFTWARE, and all
accompanying written materials and retain no copies, and the recipient agrees to the terms
of this Agreement. You may not reverse engineer, decompile, or disassemble the SOFTWARE.
Any transfer of the SOFTWARE must include the most recent update and all prior versions.
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LIMITED WARRANTY. LAWDOG warrants
that (a) the SOFTWARE will perform by display of HTML data from a CD-ROM on a properly
functioning machine, which meets the minimum requirements, using a properly installed
internet browser, for a period of thirty (30) days from the date of receipt; and (b) any
cd-rom accompanying the SOFTWARE will be free from defects in materials and workmanship
under normal use and service for a period of ninety (90) days from the date of receipt.
Any implied warranties on the SOFTWARE and hardware are limited to thirty (30) days and
ninety (90) days, respectively. Some states do not allow limitation on duration of an
implied warranty, so the above limitation may not apply to you.
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CUSTOMER REMEDIES. LAWDOG's entire
liability and your exclusive remedy shall be, at LAWDOG's option, either (a) return
of the price paid or (b) repair or replacement of the SOFTWARE that does not meet LAWDOG's
Limited Warranty and that is returned to LAWDOG with a copy of your receipt. This
limited warranty is void if failure of the SOFTWARE had resulted from accident, abuse, or
misapplication. Any replacement SOFTWARE will be warranted for the remainder of the
original warranty period or thirty (30) days, whichever is longer. Neither these remedies
nor any product support services offered by LAWDOG are available for this U.S.A.
version product outside of the United States of America.
NO OTHER WARRANTIES. LAWDOG disclaims
all other warranties, either express or implied, including but not limited to implied
warranties of merchantability and fitness for a particular purpose, with respect to the
SOFTWARE, the accompanying written materials, and any accompanying cd-rom. This limited
warranty gives you specific legal rights. You may have others, which may vary from state
to state.
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NO LIABILITY FOR CONSEQUENTIAL
DAMAGES. In no event shall LAWDOG or its suppliers be liable for any damages
whatsoever (including, without limitation, damages for loss of business profits, business
interruption, loss of business information, or other pecuniary loss) arising out of the
use of or inability to use this LAWDOG product, even if LAWDOG has been
advised of the possibility of such damages. Because some states do not allow the exclusion
or limitation of liability for consequential damages, the above limitation may not apply
to you.
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DISCLAIMER OF WARRANTY. The Software
is provided "AS IS" WITHOUT WARRANTY OF ANY KIND AND WITHOUT ANY SUPPORT
SERVICES. EXCEPT AS SPECIFICALLY PROVIDED ABOVE. LAWDOG FURTHER DISCLAIMS ALL OTHER
EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE Software REMAINS WITH
YOU.
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LIMITATION OF LIABILITY. IN NO
EVENT SHALL LAWDOG OR ITS SUPPLIERS BE LIABLE IN AN AMOUNT THAT EXCEEDS THE LICENSE FEE
PAID BY Licensee FOR ANY DAMAGES (INCLUDING, WITH LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY
LOSS), REGARDLESS OF THE FORM OF CLAIM OR ACTIONS, ARISING OUT OF THE USE OF OR INABILITY
TO USE THE Software OR DOCUMENTATION, EVEN IF LAWDOG HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU.
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ACKNOWLEDGEMENT OF ALLOCATION OF
RISK. Licensee acknowledges and agrees that the fees charged by LAWDOG in
this Agreement reflect the allocation of risks provided by the foregoing limitation of
liability. Licensee acknowledges and represents that it has read and understands
these allocations of risk limiting the liability of LAWDOG and that it understands
that a modification of the allocation of risks set forth in this agreement would affect
the fees charged by LAWDOG, and that Licensee, in consideration of such
fees, agrees to such allocations of risk.
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Licensee INDEMNIFICATION. Licensee
SHALL INDEMNIFY LAWDOG AGAINST ALL COSTS AND DAMAGE JUDGEMENTS, INCLUDING
ATTORNEY'S FEES AND COSTS OF DEFENSE, INCURRED BECAUSE OF CLAIMS OF DAMAGE ARISING FROM Licensee's
POSSESSION OR USE OR INABILITY TO USE Software.
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U.S. GOVERNMENT RIGHTS RESTRICTED. This
SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or
disclosure by the Government is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS
252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software --
Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is
LAWDOG.Com Publishing, Inc., 1188 West Bonanza Drive, Carson City, Nevada 89706. This
Agreement is governed by the laws of the State of Nevada. For more information about LAWDOG's
licensing policies, please E-mail to LAWDOG customer service at support@lawdog.com,
or write: LAWDOG.Com Publishing, Inc., 1188 West Bonanza Drive, Carson City, Nevada 89706.
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EQUITABLE REMEDIES. The parties
recognize that money damages may not be an adequate remedy for any breach or of any
obligation hereunder by Licensee involving intellectual property, Confidential Information
or use of the Software beyond the scope of the license granted by this License Agreement.
The parties therefore agree that in addition to any other remedies available hereunder, by
law or otherwise, LAWDOG and any third party from whom LAWDOG has licensed software or
technology may be entitled to seek injunctive relief against any such continued breach by
Licensee of such obligations.
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EXCLUSIVE JURISDICTION AND VENUE.
Any cause or action arising out of or related to this Agreement, including an action to
confirm or challenge an arbitration award, may only be brought in the courts of applicable
jurisdiction in Nevada, and the parties hereby submit to the jurisdiction and venue of
such courts.
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SEVERABILITY. If any
provision of the Agreement is held illegal or unenforceable by any court of competent
jurisdiction, such provision shall be deemed separable from the remaining provisions of
this Agreement and shall not affect or impair the validity or enforceability of the
remaining provisions of this Agreement.
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GOVERNING LAW. This Agreement is
governed by the laws of the State of Nevada.
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PUBLICITY. You may not use the
name of LAWDOG in any advertisement, press release or other publicity with
reference to LAWDOG Credit & Collection Basics 1998 without prior
written consent of LAWDOG.
Should you have any questions concerning this Agreement, or if
you desire to contact LAWDOG for any reason, please do so via E-mail:
support@lawdog.com.
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MAILING ADDRESS. Any written notice
to LAWDOG under this Agreement shall be deemed made five (5) days after the date of
mailing if sent by certified mail and addressed to: LAWDOG.Com Publishing, Inc., 1188
West Bonanza Drive, Carson City, Nevada 89706.
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ENTIRE AGREEMENT. YOU ACKNOWLEDGE THAT
YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND THAT BY USING THE ENCLOSED Software, YOU
AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE
AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LAWDOG AND YOU WHICH SUPERSEDES ANY
PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN LAWDOG
AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. NO VARIATION OF THE TERMS OF
THIS AGREEMENT OR ANY DIFFERENT TERMS WILL BE ENFORCEABLE AGAINST LAWDOG UNLESS LAWDOG
GIVES ITS EXPRESS CONSENT, INCLUDING AN EXPRESS WAIVER OF THE TERMS OF THIS AGREEMENT, IN
A WRITING SIGNED BY LAWDOG.
End of LAWDOG License Agreement
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Copyright 1996, 1997, 1998 by
LAWDOG.COM PUBLISHING, INC.
