End User License Agreement
Custody X Change is self-help legal software, not legal advice; consult a qualified attorney for legal advice.
LICENSE KEY PROTECTED EDITION OF Custody X Change;
FREE EDITION OF Custody X Change FOR EVALUATION.
THIS IS A LICENSE, NOT A SALE. UNLESS YOU HAVE ANOTHER AGREEMENT DIRECTLY WITH CUSTODY X CHANGE, OR ONE OF ITS SUBSIDIARIES THAT EXPRESSLY SUPERSEDES THIS AGREEMENT AND CONTROLS AND ALTERS YOUR USE OR DISTRIBUTION OF THE PRODUCT, THIS PRODUCT IS PROVIDED UNDER THE FOLLOWING END USER LICENSE AGREEMENT AND ALL APPLICABLE ADDENDA ("LICENSE") WHICH DEFINES WHAT YOU MAY DO WITH THE PRODUCT AND CONTAINS LIMITATIONS ON WARRANTIES AND/OR REMEDIES. THIS LICENSE IS GRANTED BY CUSTODY X CHANGE INC., ("CUSTODY X CHANGE") AND INCLUDES THE FOLLOWING:
1.General License Agreement
2.Free Edition Addendum to the General License Agreement
THIS Custody X Change END USER LICENSE AGREEMENT ("Agreement") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AND CUSTODY X CHANGE FOR Custody X Change. Any downloading or installation of Custody X Change is subject to compliance with the terms and conditions of this Agreement and all applicable laws and regulations, including laws and regulations governing copyrights, patents, trade secrets and trademarks. PLEASE READ THIS AGREEMENT CAREFULLY AND PRINT OUT A COPY FOR YOUR RECORDS. THIS AGREEMENT SUPERSEDES PREVIOUS VERSIONS.
IF YOU ARE DOWNLOADING THIS PRODUCT, READ CAREFULLY THE TERMS AND CONDITIONS OF THE LICENSE BEFORE DOWNLOADING. BY DOWNLOADING THIS PRODUCT:
(i) you certify that you are not a minor and that you agree to be bound by all of the terms and conditions set out in this License. Downloading and/or using the Product will be an irrevocable acceptance of the terms and conditions of the License;
(ii) you agree to be responsible for any and all internet service provider fees, telecommunication and other charges that may apply as a result of your download of the Product; and
(iii) you represent and warrant to Custody X Change, if you are accepting on behalf of a company or other legal entity, that you have full authority to bind such entity.
IF YOU DO NOT AGREE WITH THE ABOVE, DO NOT DOWNLOAD THIS PRODUCT.
1. GENERAL LICENSE AGREEMENT
(1) “Computer" means one (1) central processing unit (CPU) that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions;
(2) "Documentation" means any accompanying printed materials, this License, any other agreement you may have with Custody X Change relating to this Product, and "online" or electronic documentation;
(3) "Permitted Number", unless otherwise indicated under a valid license granted by Custody X Change or one of its subsidiaries, means:
· "Lite" edition - two (2);
· "Personal" edition - two (2);
· "Deluxe" edition - two (2);
· "Professional Lite" edition - license allows installation and use on a specified number of computers owned by you, as set forth in the purchase agreement..
· "Professional Full" edition - license allows installation and use on a specified number of computers owned by you, as set forth in the purchase agreement..
The use of Custody X Change Lite, Custody X Change Personal, and Custody X Change Deluxe for non-personal or business purposes is strictly prohibited. You must use Custody X Change Professional Lite or Custody X Change Professional Full for non-personal or business purposes. The license will terminate automatically if you use Custody X Change Lite or Custody X Change Personal or Custody X Change Deluxe for business purposes or otherwise fail to comply with the limitations described herein.
(4) "Product" means a computer program, computer software (including its code) objects (including their APIs) as well as any images, photographs, templates, animations, video, audio, music, text and "applets" incorporated into the software, and where applicable, storage media containing all the above, including any Documentation, and shall include any upgrades, modified versions or updates of the Product licensed to you; and
(5) "Use" means to access, install, download, copy or otherwise benefit from using the functionality of the Product in accordance with the Documentation.
Custody X Change provides you with a Product and grants you a non-exclusive license to Use the Product in accordance with the terms of this License. Any supplemental software code and supporting materials provided to you as part of support services provided by Custody X Change for the Product shall be considered part of the Product and subject to the terms and conditions of this License. The copyright and all other rights to the Product shall remain with Custody X Change or its licensors. You must reproduce any copyright or other notice marked on the Product on all copies you make. Some third party materials included in the Product may be subject to other terms and conditions which are typically found in the "Help About" box.
1.3 YOU MAY:
(a) install and use one (1) copy of the Product on a Computer, or up to the Permitted Number of Computers given under your specific license agreement;
(b) make one copy of the Product solely for archive or backup purposes; and
(c) transfer the Product to someone else only if you assign all of your rights under this License, cease all Use of the Product, erase or destroy any copy (including the hard disk copy) made in support of your Use of the Product, and ensure that the person to whom you wish to transfer the Product agrees to the terms of this License.
1.4 YOU MAY NOT:
(a) Use the Product or make copies of it other than as permitted in this License except to the extent the foregoing restriction is, by operation of applicable law, prohibited or of no effect;
(b) translate, reverse engineer, decompile, or disassemble the Product except to the extent the foregoing restriction is, by operation of applicable law, prohibited or of no effect;
(c) rent, lease, assign, sell, sublicense, lend or transfer the Product except as set out in Section 1.3 above;
(d) modify the Product or merge all or any part of the Product with another program; and
(e) separate the component parts of the Product for Use on more than one (1) Computer except to the extent the foregoing restriction is, by operation of applicable law, prohibited or of no effect;
(f) install the Product on a storage device, such as a network server, used only to install or run the Product on your other Computers within an internal network. You must acquire and dedicate a license for each Computer on which the Product is installed or run from the storage device. A single license for the Product may not be shared or used concurrently on different Computers unless you have another agreement with Custody X Change permitting you to do so.
1.6 PRODUCT PATCH, PLUG OR UPDATE:
If this Product is a patch, plug, update or other file you are downloading or that is contained on storage media (such as on CD-ROM), the Product is designed for use with a Custody X Change application software product (the "Original Application") and is subject to Custody X Change's Limited Warranty, Disclaimer and Limitation of Liability and Eligibility provisions (as set out below), as applicable. You are granted a non-exclusive license to use such Product only with the Original Application provided that you still possess a valid license from Custody X Change for the Original Application. Except as provided in this section, the Product is subject to the terms and conditions of the license from Custody X Change accompanying the Original Application. IF YOU ARE DOWNLOADING THIS PRODUCT, ALL RISK OF DAMAGE TO THE PRODUCT DURING TRANSMISSION AND DOWNLOAD IS ASSUMED BY YOU.
1.7 INTELLECTUAL PROPERTY RIGHTS:
Except as expressly licensed to you in this License, Custody X Change and its affiliates retain all right, title and interest in and to the Product and any copies you are authorized by Custody X Change to make. The Product is protected by copyright, including without limitation by Canadian copyright law, international treaty provisions and applicable laws in the country in which it is being used. Except as expressly stated herein, this License does not grant you any intellectual property rights in the Product. All rights not expressly granted are reserved by Custody X Change.
This License shall remain in effect while the license has not expired, so long as you are in compliance with the terms and conditions of this License. This License will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Product. The Intellectual Property Rights, Limited Warranty, Disclaimer and Limitation of Liability provisions shall continue in force even after any termination.
1.10 LIMITED WARRANTY:
Except as may be otherwise provided in this Agreement or unless the Product is a Free Edition as set forth in Section 2, Custody X Change warrants to the person or entity that first purchases a license to Use this Product that this Product will be free from defect in materials and workmanship for ninety (90) days from the date you acquire it. If such a defect occurs, return the media to Custody X Change and Custody X Change will replace it free of charge. THIS REMEDY IS YOUR EXCLUSIVE REMEDY AND CUSTODY X CHANGE'S AND ITS SUPPLIERS' AND DEALERS' ENTIRE LIABILITY FOR BREACH OF THIS WARRANTY OR, WHERE PERMITTED BY APPLICABLE LAW, FOR ANY OTHER CAUSE OF ACTION (INCLUDING NEGLIGENCE) CONCERNING ANY DEFECT IN MATERIALS OR WORKMANSHIP IN RELATION TO THE PRODUCT. THIS LIMITED WARRANTY GIVES YOU CERTAIN LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL LEGISLATED RIGHTS WHICH MAY VARY FROM JURISDICTION TO JURISDICTION.
EXCEPT FOR THE EXPRESS LIMITED WARRANTY ABOVE AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTODY X CHANGE AND ITS SUPPLIERS AND DEALERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE PRODUCT. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. WHERE ANY NON-EXCLUDABLE TERMS ARE IMPLIED INTO THIS LICENSE BY OPERATION OF LAW, TO THE EXTENT PERMISSIBLE BY LAW, CUSTODY X CHANGE LIMITS ITS LIABILITY TO, AT ITS OPTION, THE REPAIR OR REPLACEMENT OF THE GOODS, THE RE-SUPPLY OF EQUIVALENT GOODS, OR THE COST THEREOF.
1.13 LIMITATION OF LIABILITY:
SUBJECT TO THE EXPRESS LIMITED WARRANTY ABOVE, IN NO EVENT WILL CUSTODY X CHANGE, ITS DEALERS OR SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION WHATSOEVER) OR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF A CUSTODY X CHANGE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. CUSTODY X CHANGE IS ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. IN THE EVENT THAT THE ABOVE LIMITATION OF LIABILITY IS NOT VALID IN YOUR JURISDICTION, CUSTODY X CHANGE'S MAXIMUM AGGREGATE LIABILITY AND THAT OF CUSTODY X CHANGE'S DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. THE FOREGOING EXCLUSIONS AND LIMITATIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. CUSTODY X CHANGE IS ACTING ON BEHALF OF ITS DEALERS AND SUPPLIERS FOR THE PURPOSE OF DISCLAIMING, EXCLUDING AND/OR LIMITING OBLIGATIONS, WARRANTIES AND LIABILITY AS PROVIDED IN THIS LICENSE, BUT IN NO OTHER RESPECTS.
1.14 U.S. GOVERNMENT RIGHTS:
The Product under this License consists of "Commercial Computer Software" and "Commercial Computer Software Documentation" as those terms are described in 48 C.F.R. 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this Commercial Computer Software and/or Commercial Computer Software Documentation subject to the terms of this License as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulations ("FAR") and its successors. If acquired by or on behalf of any agency within the Department of Defense ("DOD"), the U.S. Government acquires this Commercial Computer Software and/or Commercial Computer Software Documentation subject to the terms of this License as specified in 48 C.F.R. 227.7202 of the DOD FAR Supplement ("DFAR") and its successors.
1.15 EXPORT CONTROLS:
The Product is mass market software, available online to the public without further substantial support from the supplier. THE PRODUCT MAY NOT BE EXPORTED TO ANY DESTINATION OUTSIDE OF THE UNITED STATES WHERE “LICENSE EXCEPTION TSU” DOES NOT APPLY BY AGREEING TO THE TERMS OF THIS LICENSE YOU ARE WARRANTING TO CUSTODY X CHANGE THAT YOU DO NOT LIVE OR RESIDE IN AN INELIGIBLE DESITINATION OR ARE CONTROLLED BY A PERSON LOCATED IN AN INELIGIBLE DESTINATION AS SET FORTH BY UNITED STATES EXPORT REGULATIONS.
To be eligible to Use or download the Product you must be in compliance with applicable export laws. You may only download, install and/or Use the Product if: (i) you are not a citizen, national or resident of, and are not under the control of, the government of: Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, Serbia, Taliban-controlled areas of Afghanistan, nor any other country to which the United States has prohibited export; (ii) you will not download or otherwise export or re-export the Product, directly or indirectly, to the countries mentioned in clause (i) nor to citizens, nationals or residents of those countries; (iii) you are not listed in the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are you listed on the United States Department of Commerce Table of Denial Orders; (iv) you will not download or otherwise export or re-export the Product, directly or indirectly, to persons on the lists mentioned in clause (iii); and (v) you will not use the Product for, and will not allow the Product to be used for, any purposes prohibited by United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
If you are not in compliance with the above statements, you are not eligible to Use or download the Product.
IF YOU ARE DOWNLOADING THIS PRODUCT, ALL RISK OF DAMAGE TO THE PRODUCT DURING TRANSMISSION AND DOWNLOAD IS ASSUMED BY YOU.
1.17 ERROR REPORTING:
When this Product encounters an error, it may send an error report to the Custody X Change development team. This report may contain personally identifying and/or private information; however, any such information will only be used to fix the error and/or notify you of a patch.
2. FREE EDITION ADDENDUM TO THE GENERAL LICENSE AGREEMENT:
2.1 IF THIS PRODUCT IS A FREE EDITION, YOUR USE OF THE FREE EDITION PRODUCT IS GOVERNED BY THE TERMS OF THE GENERAL LICENSE AGREEMENT AS MODIFIED BY THE TERMS OF THIS FREE EDITION ADDENDUM UNTIL SUCH TIME AS YOU PURCHASE A LICENSE TO THE FULL RETAIL EDITION OF THE PRODUCT. In the event of any conflict between the terms of the General License Agreement and this Free Edition Addendum, the terms of the Free Edition Addendum shall govern.
THE FREE EDITION OF THE PRODUCT WILL BECOME INOPERABLE AFTER A DESIGNATED PERIOD OF TIME (30 DAYS) AND ADDITIONAL USES (15 USES) OR AS SPECIFIED BY THE PRODUCT AFTER INSTALLATION. AFTER THIS DATE, THE LICENSE HEREUNDER SHALL TERMINATE AND YOU WILL NOT BE ABLE TO ACCESS ANY FILES CREATED WITH THIS FREE EDITION UNLESS YOU HAVE LICENCED A RETAIL EDITION OF THE PRODUCT.
THIS FREE EDITION ALLOWS YOU TO ACCESS A LIMITED NUMBER OF MAJOR MODULE(S) INCLUDED IN THE RETAIL EDITION OF THE PRODUCT AND THESE ARE THE ONLY MODULE(S) YOU WILL BE ABLE TO INSTALL. EXTRA VALUE COMPONENTS AND APPLICATIONS OF THE RETAIL EDITION OF THE PRODUCT ARE NOT LICENSED TO YOU WITH THIS FREE EDITION. ALL REFERENCES TO OTHER APPLICATIONS, EXTRA LIBRARIES OR OTHER CD-ROMS THAT MAY APPEAR IN THIS FREE EDITION OF THE PRODUCT ARE NOT APPLICABLE. CUSTODY X CHANGE IS LICENSING THIS FREE EDITION OF THE PRODUCT ON AN "AS IS" BASIS, SOLELY AS A DEMONSTRATION MODEL AND IT SHOULD ONLY BE USED IN A DEDICATED TEST ENVIRONMENT THAT DOES NOT HOLD ANY RISK OF LOSS OR DAMAGE TO PRODUCTION DATA.
You are granted a license to use the free edition of the Product only. Such license shall continue for the period specified in the free edition of the Product, after which time your license to use the free edition shall terminate.
Any attempt to circumvent any expiry date technology/time bomb mechanism or other mechanism contained within the product which is intended to limit your ability to use the Product only as a free edition or to a specified period is a violation of this License and shall result in the automatic and immediate termination of your License to use the Product.
2.2 CUSTODY X CHANGE DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND (INCLUDING IN NEGLIGENCE), HOWEVER, WHERE LEGAL LIABILITY CANNOT BE EXCLUDED FOR FREE EDITION SOFTWARE, BUT IT MAY BE LIMITED, CUSTODY X CHANGE'S LIABILITY AND THAT OF ITS SUPPLIERS AND DEALERS SHALL BE LIMITED TO, AT CUSTODY X CHANGE'S OPTION, THE AMOUNT PAID BY YOU FOR THE PRODUCT, OR THE REPAIR OR REPLACEMENT OF THE GOODS, THE RE-SUPPLY OF EQUIVALENT GOODS, OR THE COSTS THEREOF.
3. LICENSE KEYS:
You acknowledge that the Product contains a license key which unlocks disabled functions in the Product. If you purchase a license to the Product, Custody X Change will provide you an initial license key for installation with the Product which will enable you to (i) use the Product during the term of your license and (ii) obtain certain update services for a limited period. In the event you subsequently purchase continued update services and at each renewal thereof, Custody X Change will provide you additional license keys for installation with the Product to enable you to obtain such update services. You agree not to purchase any license keys or similar computer code for the Product from any source other than Custody X Change. You agree not to use any software to create any license key or similar computer code for the Product.
4.1. SEVERABILITY. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
4.2. WAIVER. No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether express or implied, will constitute a consent to, waiver of, or excuse of any other, different or subsequent breach by either party.
4.3. ENTIRE AGREEMENT. You agree that this is the entire agreement between you and Custody X Change, and that it supersedes any prior agreement, whether written or oral, and all other communications between Custody X Change and you relating to the subject matter of this Agreement. This Agreement may be amended, modified or supplemented only by a writing that is signed by the authorized representatives of both parties. No other person is authorized to modify this agreement or to make any warranty, representation or promise that is different than, or in addition to, the warranties provided in this license agreement.
4.4. RESERVATION OF RIGHTS. All rights not expressly granted in this Agreement are reserved by Custody X Change.
4.5. NOT LEGAL ADVICE. Use of the Product does not constitute an attorney-client relationship. The Product does not give legal advice. Custody X Change suggests that you seek legal counsel whenever necessary.
© Custody X Change Inc. or its affiliates.
Warning: This computer program is protected by copyright law.
Unauthorized reproduction, distribution, or alteration of this program, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.