End User License Agreement


End User License Agreement


Read carefully the following terms and conditions. Use of this product constitutes your acceptance of these terms and conditions and your agreement to abide by them. This is a legal agreement between you (either an individual or an entity), the end user, and Hawkeye Technology, LLC. (Company). By continuing with the installation of this software, you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms; you purchased this package directly from Hawkeye Technology; and you have not received a registration unlock code, promptly return the entire package (including written materials and binders or other containers) within thirty (30) days of original purchase to Hawkeye Technology for a refund, less the shipping and handling charges. You must also provide a notarized affidavit that affirms that the software has been completely removed from all of your computers. You, the original purchaser, are granted a non-exclusive license to use this Software under the terms stated in this Agreement. You may not use this Software on more than one computer (i.e. a single CPU) at the same time, unless you have purchased a Network License, in which case you may use the Software on the number of computers up to the maximum limit of your network license. You may not rent or lease the software, but you may transfer it on a permanent basis if the person receiving it also agrees to the terms of this Agreement and you notify Hawkeye Technology, LLC. in writing prior to the transfer. If the software is an update, any transfer must include the update and all prior versions NO WARRANTIES. THE SOFTWARE AND ACCOMPANYING DOCUMENTATION ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY WHATSOEVER. YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. THE COMPANY MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE OR FREE FROM INTERRUPTION OR FAILURE, OR THAT IT IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HEREBY ACKNOWLEDGE THAT THE SOFTWARE MAY NOT BE AVAILABLE OR BECOME UNAVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE SOFTWARE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, ACTIONS AND OMISSIONS OF THIRD PARTIES, OR ANY OTHER CAUSE REASONABLY BEYOND THE CONTROL OF THE COMPANY. THEREFORE, THE COMPANY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SYSTEM AND/OR SOFTWARE AVAILABILITY, ACCESSIBILITY, OR PERFORMANCE. LIMITED LIABILITY; NO LIABILITY FOR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE SOFTWARE AND THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE, AND THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY THE COMPANY OR A THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE DISRUPTION, IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE INCOMPATIBILITY OF THE SOFTWARE WITH ANY HARDWARE, SOFTWARE OR USAGE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. 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. IN NO EVENT SHALL THE LIABILITY OF HAWKEYE TECHNOLOGY FOR ANY DAMAGES EXCEED THE PRICE PAID FOR THE LICENSE, REGARDLESS OF THE CLAIM. Hawkeye Technology, LLC. will provide thirty (30) days of technical support from the original purchase date on new purchases, excluding replacement disks, service packs, etc. Additional support after thirty days from original purchase can be purchased at the company’s then current rate. This Agreement shall be construed and enforced in accordance with the laws of the State of Utah and shall inure to the benefit of Hawkeye Technology, LLC., its successors, administrators, heirs, or assigns. Any action or proceeding brought by either party against the other arising out of or related to the Agreement shall be brought only in a Court of competent jurisdiction located in County of Cache, in the State of Utah. The parties agree to personal jurisdiction in the State of Utah. If any provision of this Agreement is found void, invalid, or unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable to its terms. Should you have any questions concerning this Agreement, please contact in writing: Hawkeye Technology LLC., 181 Waukegan Road Suite 200, Northfield, IL. 60093