LAWDOG
License Agreement
LAWDOG Credit and Collection Basics 1998
END-USER LICENSE AGREEMENT: IMPORTANT: READ 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 711
South Carson, Suite 4, 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.
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
- LIMIDATION 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.
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.
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.
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.
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.
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.
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., 711 South Carson, Suite 4, 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.
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.
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.
PUBLICITY.
You may not use the name of LAWDOG in any advertisement, press release or other
publicity with reference to LAWDOG Credit and 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.
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., 711 South Carson, Suite 4, Carson City, Nevada 89701.
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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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