Important Notice to User.
This Software License Agreement (the
'Agreement') is a legal Agreement between you the end user (the End User) and
Mitchum, Inc. dba CSApool ('Mitchum'). The Agreement is effective as of the
date of purchase of the Software. This Agreement covers
use of the Software, including any associated media, printed materials
and electronic documentation. You have signified your acceptance of this
Agreement to the following terms and conditions by clicking the 'I Accept'
button before you purchased the Software. The Software also includes any
Software updates, add-on components and/or supplements that Mitchum may make
available after your purchase date. Be sure to read the following Agreement
before using the Software. By using all or any portion of the Software
(regardless if you have registered the Software or not),
you are agreeing to be bound by the terms of this Agreement. IF YOU DO
NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, ACCESS OR USE THE
SOFTWARE AND DESTROY AND/DELETE ALL COPIES OR LINKS IN YOUR
1.1 Software means the Software product, CSApool, delivered as binary code or link and any and all documentation received by the End User.
1.2 Documentation means all documentation in machine readable or any other form that is provided with the Software.
1.4 Maintenance means in writing consultation, bug fixes and error corrections.
2 Grant of License
2.1 Subject to the terms and conditions of this Agreement, Mitchum hereby grants the End User, and the End User accepts, a non-exclusive, non-transferable, paid-up license to use the Software for one year from date of purchase as follows:
2.2 The End User may use the Software on ONE Smartphone or any other single device ('Device') , provided the Software is in use by only one Device at any time. The Software is in use on one Device when it 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)
You may NOT:
§ Use, copy, modify, merge, and/or transfer copies or links of this Software except as provided in this Agreement.
§ Reverse engineer, reverse assemble or reverse compile this Software or access to this Software or any component thereof.
§ Reverse engineer, reverse assemble or reverse compile data used by this Software or any component thereof.
§ Sublicense, rent, lease, sell, or assign your rights under this Agreement.
§ Distribute in any incomplete or altered form.
§ Distribute, profit, or charge a fee in any manner for the use of or access to this Software.
§ Incorporate any part of another product to be sold to others.
§ Your User Name or Password are unique to each purchaser. If your User Name and/or Password are used by two or more Devices simultaneously then your Single-User License shall be revoked and your User Name and Password will be deleted. YOU MAY NOT disclose or transmit your User Name and/or Password to any other party without prior written permission from Mitchum. Unauthorized disclosure of your User Name and/or Password constitutes a federal copyright violation, and is punishable by fines of up to $100,000 per infraction and /or prison sentence.
§ You may not attempt to change any part of the Software or obtain the proprietary information for any reason.
By virtue of this Agreement the End User acquires only the rights in Section 2, Grant of License. All right, title and interest in the Software remains with Mitchum.
4 Warranty and Maintenance
LIMITED WARRANTY; THIS SOFTWARE IS LICENSED 'AS IS.' THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, BY WAY OF EXAMPLE THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions and limitations may not apply to this Agreement. If applicable law requires any warranties with respect to the Software, all such warranties are limited in duration to one year from date of purchase. Mitchum’s entire liability and your exclusive remedy under this Agreement is limited to no more than what you paid for this Software. For any claim (including fundamental breach), in any form, related in any way to this Agreement, Mitchum’s liability will be for actual damages only and will be limited to your purchase price,
4.1 Mitchum warrants to the
End User for a period of one year from the date of purchase that the
Software will perform the functions described in the Documentation provided by
Mitchum. If Mitchum finds a deviation in the Software's performance during this period, Mitchum will use its best efforts to replace or modify the
Software so that it performs substantially in accordance with the
Other than as stated in this Section 4, there is no representation or warranty, express or implied, as to any matter whatsoever, including without limitation, the condition of Software, its merchantability or fitness for a particular purpose.
4.2 Error(s) verification. Any reproducible error(s) for which verification is required shall be reported in writing to Mitchum. The End User agrees to provide to Mitchum all of the information necessary to reproduce the error(s). Mitchum undertakes to confirm receipt of the error(s) report in writing to the End User; analyze the error(s) report and verify the existence of the error(s); and, if the reported error(s) seriously affects the use of the Software and can be circumvented, to create a temporary solution.
4.3 Consultation and Advice. Mitchum shall in writing provide answers to questions regarding installation, configuration and documentation, as well as generally advice regarding submitted reports on error(s).
4.4 Updating of the Software. Mitchum shall make available to the End User all updates of the Software as soon as these have been officially introduced by Mitchum for a period of twelve months from purchase.
4.5 Mitchum will have no obligation to correct defects or difficulties due to the End User modifying the Software, changing its system or Device environment, using the Software on equipment not recommended by Mitchum or installing it in a way not recommended by Mitchum, or other causes external to the Software.
4.6 This Software is licensed for use by a person controlling one Device. This Software is not licensed for automated or semi-automated use on a remote server or via the control of a remote server. Damages resulting from a violation of this paragraph will be assessed in terms of one full license price multiplied by the number of users who caused an action of the Software via a server or link plus legal fees necessary to recover such damages.
If the Software is labeled as an upgrade, you must be properly licensed to use a product identified by Mitchum as being eligible for the upgrade in order to use the Software. Software labeled as an upgrade replaces and/or supplements the product that formed the basis for Agreement eligibility for the upgrade. Agreement may use the resulting upgraded product only in accordance with the terms of this Agreement.
There is no physical delivery of a CD or diskettes included with your purchase. All products are available online. You may access www.csapool.com/account.php at any time with your User Name and Password for a twelve month period beginning on your date of purchase. The licenses, if renewed, will be at fifty percent (50%) of the rates in effect at the time of renewal. All access is subject to 2.2
To the best of Mitchum's knowledge the Software or the use thereof does not infringe upon any third party's rights. Mitchum shall have no responsibility whatsoever for any claims of infringements of patents, trademarks, industrial designs, copyrights or other property rights affecting the End User's use of the Software.
The foregoing states the entire liability and obligation of Mitchum with respect to infringement or claims of infringement of any patent, copyright, trade secret, or any other proprietary right.
8 Limitation of Liability
Mitchum shall not be liable to the End User for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this Agreement, the Software, its use or otherwise.
Notwithstanding the generality of the above, Mitchum expressly excludes liability for consequential loss or damage which may arise in respect of the Software, its use, the system or in respect of other equipment or property, or for loss of profit, business revenue, goodwill or anticipated savings.
Regardless of whether any remedy fails of its essential purpose, in no event will Mitchum be liable for incidental, indirect, special or consequential damages, notwithstanding being aware of the possibility of such damages.
9 Governing Law
This Agreement shall be governed by and construed in accordance with the substantive laws of the state of Alabama (USA)
Fees applicable to CSApool are exclusive of sales or value added tax, if applicable.
Customers are eligible to updates within their major version for a period of one year following purchase. That means, that if Agreement bought version 1.2 Agreement are eligible to all version 1.x for twelve months, but not to version 2. Nor does this license apply to totally different products offered by CSApool.
Microsoft, ActiveX, AutoSum, FrontPage, JScript, VBScript, Outlook , Visual Basic, Windows, Windows NT, Excel are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries. Microsoft Excel is a product name of Microsoft Corporation.
Java, J2EE, J2SE, J2ME, and all Java-based marks are trademarks or registered trademarks <http://www.sun.com/suntrademarks/> of Sun Microsystems, Inc. in the United States and other countries.
DUE TO THE NATURE OF EVOLVING PROGRAMMING AND THE VARIOUS HARDWARE AND SOFTWARE ENVIRONMENTS IN, WHICH THIS SOFTWARE MAY BE USED, IT IS UNDERSTOOD THAT OCCASIONAL "BUGS" OR UNFITNESS MAY ARISE. THE USER SHOULD ALWAYS TEST THIS SOFTWARE THOROUGHLY WITH NON-CRITICAL DATA BEFORE RELYING UPON IT.
BY USING THIS SOFTWARE AGREEMENT ACKNOWLEDGE THAT AGREEMENT HAVE READ THE LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS’ TERMS AND CONDITIONS. AGREEMENT ALSO AGREE THAT THE AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDE ALL PROPOSALS OR PRIOR DEVICE, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THE SOFTWARE AND DOCUMENTATION.
If you have any questions regarding this Software, please contact:
727 St Andrews Drive East
Gulf Shores, AL 36542