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Why SmartQuotes
Why FileMaker Pro
Fair licensing
policy
Canadian
PST & GST
SmartQuotes Links
to QuickBooks®.
Windows only
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We trust our customers and do not burden them
with keyed dongles that are very expensive to replace if lost.
Our products become the property of the client at the time of purchase.
The license can be transferred or sold to another party.
All versions are self contained. Additional users require FileMaker
Pro for each seat.
Site licenses and server versions are available. FileMaker allows
you build your own databases for any purpose.
We can help your business.
That is our promise.
By opening this package, you agree to become bound by the terms
of this License. If you do not agree to the terms of this License,
do not open this package and promptly return it unopened to the address
listed on the invoice.
The enclosed computer program (Software) is Licensed, not sold to
you by LegacyUSA, LLC (Legacy) for use only under the terms of this
License, and Legacy reserves any rights not expressly granted to
you. You own the disk(s) on which the Software is recorded or fixed,
but Legacy and its licensors retain ownership of the Software itself.
1. License. The License allows you to:
(a) Use only one copy of the software on a single computer at a time.
To ‘use’ the Software means that the Software is either
loaded in the temporary memory (i.e. RAM) of a computer or installed
on the permanent memory of a computer derivative works based on
the Software or any part thereof (i.e., hard disk, CD ROM, etc.).
You may install the Software on a common storage device which is
accessible by multiple computers, provided that if more computers
have access to the common storage device than the number of licensed
copies of the software, you must have have some software mechanism
which locks-out any concurrent users in excess of the number of
the Software (an additional License is not needed for the one copy
of Software installed on the common storage device accessed by
multiple computers).
(b) Make one and only copy of the Software in computer form for
backup purposes. Additionally, only so long as the Software is installed
only on the permanent memory of a single desktop computer which is
not accessible by multiple computers and that single desktop computer
is used by one user at least 80% of the time the computer is in use,
that same user may also make a copy of the Software to use on a portable
or home computer which is primarily used by such user. As an express
condition of this License, you must reproduce on each copy any copyright
notice or other proprietary notice that is on the original copy supplied
by Legacy.
(c) Permanently transfer all your rights under the License to another
party by providing all copies of the Software licensed under this
Licensed together with a copy of this License and accompanying written
material, provided that the other party reads and agrees to accept
the terms and conditions of this license.
2. Restrictions. The Software contains trade secrets in the human
perceivable form and, to protect them, you may not Reverse Engineer,
Decompile, Disassemble or otherwise reduce the Software to any human
perceivable form. You may not modify, adapt, translate, rent, lease,
loan or create derivative works based upon the Software or any part
thereof.
3. Dual Media. If this package contains a CD, then you may only
use the disk appropriate for single computer or common storage device.
You may not use the other disks on another computer or storage device,
nor may you rent, lease, loan or transfer them to another user except
as part of a transfer as expressly permitted by this license.
4. Termination. This License is effective until terminated. This
License will terminate immediately without notice from Legacy or
judicial resolution if you fail to comply with any provision of the
License. Upon such termination you may destroy the Software, all
accompanying written materials and copies thereof, and Sections 6,
7, and 8 will survive any termination.
5. Export Law Assurances. You agree that neither the Software nor
any direct product thereof is being or will be shipped, transferred,
or reexported, directly or indirectly, into any country prohibited
by the United States Export Administration Act and the regulations
thereunder or will be used for the purposes prohibited by this Act.
6. Limited Warranty. Legacy warrants
for a period of thirty (30) days from the date of purchase that
(i) the disk(s) on which the Software is recorded will be free
from any defect in materials and workmanship under normal use,
and (ii) the Software as provided by Legacy will substantially
conform to Legacy published specifications of the Software. Legacy’s entire liability and your sole and
exclusive remedy for any breach of the foregoing limited warranty
will be, at Legacy’s option, replacement of the disk(s), refund
of the purchase price or repair or replacement of the Software. And
legal recourse or remedy that may be sought in the judicial process,
must be filed in the jurisdiction of Marion County, Indiana. Further,
Legacy makes no claims that the Software is a general accounting
program.
Legacy programs the Software from development software obtained
from a third party. Also, the Software must run on computer platforms
supplied by other parties. From time to time these parties offer
upgrade and new operating systems that may adversely affect the Software.
The only remedy is for those parties to supply the proper upgrades
to solve the incompatibility issue.
This limited warranty is the only warranty provided by Legacy and
Legacy and its licensors disclaim all other warranties, either express
or implied, including but not limited to the implied warranties of
merchantability and fitness for a particular purpose with regard
to the Software and written materials. Because some jurisdictions
do not allow the exclusion of limitation of implied warranties, the
above may not apply to you.
7. Limitations of Remedies and
Damages. In no event will Legacy, or subsidiaries or any of its
licensors, directors, officers, employees or affiliates of any
of the foregoing be liable to you for any consequential, incidental,
direct or special damages whatsoever (including, without limitation,
damages or loss of business profits, business interruption, loss
of business information, calculation errors, and the like), whether
foreseeable or unforeseeable, arising out of the use of or the
user’s inability or refusal to use the software or accompanying
written materials, regardless of the claim, which must be in the
jurisdiction of Johnson County, Indiana, and even if Legacy or a
Legacy representative has been advised of of the possibility of such
damage. The user agrees to pay any and all related legal, travel,
administrative, and loss of business costs in the event of an unsuccessful
claim. Legacy is not liable for the legal or travel expenses of the
user in such an event. Legacy’s liability to you for the direct
damage for any cause whatsoever, and regardless of the form of the
action, will be limited to the greater of $500.00 (US) or the money
paid for the Software that caused the damages. In the event that
a refund is required, the refund will be the price paid for the Software
minus a 15% restocking fee. This limitation will not apply in case
of personal injury only where and to the extent that applicable law
requires such liability. Because some jurisdictions do not allow
the exclusion or limitation of liability for consequential or incidental
damages the above limitation may not apply to you.
8. Choice of Law; Venue. This agreement shall be construed in accordance
with the laws of the State of Indiana. Any action to enforce this
agreement shall be brought only in the appropriate state or federal
court located in Johnson County, Indiana.
9. General. This License will
be construed under the laws of the State of Indiana, except for
that body of law dealing with conflicts of law. If any provision
of this License shall be held by a court of competent jurisdiction
to be contrary to law, that provision will be enforced to the maximum
extent permissible, and the remaining provisions of this License
will remain in effect. If you are a U.S. Government user then the
Software is provided with ‘Restricted
Right’ as set forth in subparagraphs (c) (1) and (2) of the
Commercial Computer Software-Restricted Right clause at FAR 52.227-19
or subparagraph (c)(1)(ii) of the Rights in Technical Data and Software
clause of DFARS 252.227-7013, as applicable. Manufacturer: LegacyUSA,
LLC, Greenwood, Indiana, USA
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