IMPORTANT! - This software end-user license agreement ("EULA") becomes a legal agreement between you and Logi-Cal Solutions when making use of the Virtual Accountant Software. It provides a license to use the software and contains warranty and liability disclaimers. By your intent to use this software, you are confirming your acceptance of this agreement and agree to be bound by the terms contained herein. If you do not agree with the terms contained in this EULA, do not agree to make use of the monthly bookkeeping services and/or use this software.
DEFINITIONS
"Company" or "the Company" shall mean Logi-Cal Solutions and any of its affiliates, partners or licensors.
"Client" means any individual, business or organisation that intends to make use of the software provided by Logi-Cal Solutions. This definition shall also extend to the employees or authorised persons nominated by these individuals, businesses or organisations.
"User Licenses" or "Remote Users" shall mean the number of authorised users that are allowed access to the Client's files and Software at the same time from any computer at any location.
"Software" means the Virtual Accountant program and third party software programs, in each case, made available by Logi-Cal Solutions to Clients and includes corresponding documentation, associated media, printed materials, and on-line or electronic documentation.
The headings in this document are for reference purposes only and do not form part of any of the terms contained herein, nor should they be inferred as such. Specific gender refrences shall include all persons and plural references shall include singular references and vice-versa.
RESTRICTIONS
The Software is protected by copyright, trade secret, and other intellectual property laws. You are only granted certain limited rights to use the Software, and the Company reserves all other rights in the Software not granted to you in writing herein.
The Company grants the Client a personal, limited, nonexclusive, nontransferable, revocable license to use the Software solely for the purposes of recording data relating to the Client's daily business activities.
The Client or Client's authorised users may not make or distribute copies of the Software, or electronically transfer the Software from the Company's servers to another computer in any way for any reason whatsoever, or remove it from the Company servers.
The Client or Client's authorised users may not modify, alter, adapt, merge, or translate the Software, or decompile, reverse-engineer or attempt to disassemble the Software in any way.
The Client may not sell, rent, lease, sublease, or sub-license the Software.
LIMITED SOFTWARE WARRANTY DISCLAIMER
The Company warrants that:
a) when used as the design intended, the Software will perform in substantial conformance with the documentation supplied with the Software, and;
b) the electronic and/or physical media on which the Software resides will be free from defects relating to the manner in which data is processed and stored under normal use.
THE COMPANY PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR ANY VERSIONS OF THE SOFTWARE.
EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO THE SOFTWARE, THE COMPANY AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT.
THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
Exclusive Remedy
Your exclusive remedy under the preceeding is to notify the Company and provide a description of the problem. The Company will use all reasonable commercial efforts to remedy the problem so that the Software substantially conforms to the documentation at its option. The Company shall have no responsibility if the Software has been altered in any way, or is damaged by misuse, modification or misapplication, or if the failure arises out of use of the Software other than as originally intended. Any such misuse, abuse, modification or misapplication of the Software will void the warranty above.
THIS IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION.
THE COMPANY'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER REGARDING THE SOFTWARE WILL BE LIMITED TO THE REMEDY OF PROBLEMS REPORTED.
THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS AGREEMENT.