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CheckWriter™ Software License:
As a
CheckWriter™ user, you must agree to this license.
Yourfavorite.com is the publisher of CheckWriter™ brand
software. CheckWriter™ is a trademark of yourfavorite.com, and
CheckWriter™ Software is
©1996-2010,
all rights reserved. Use of yourfavorite.com products and/or services constitutes
agreement to the following terms unconditionally:
Refunds
are subject to the terms and conditions at
checkwriter.net and the back of your invoice if you purchased your software directly from
yourfavorite.com.
Illegality
in any form, including but not limited to
activities such as unauthorized distribution or copying of
copyrighted software, violation of U.S. export restrictions,
harassment, fraud, and other illegal activities including
unauthorized account debits, are prohibited uses for
CheckWriter™ Software.
Once
installed the creators of CheckWriter™
Software
assume no liability for misuse or fraud associated with the
software package. Funds authentication and verification, record
keeping, and privacy, are the sole responsibility of you the
Customer, purchaser, and end user. This product is
intended for use in the United States within the U.S. banking
system only, and any other uses are not supported.
The Single User
Version of CheckWriter™ Software is intended to be
installed on one client machine only. This also applies
when the client machines are in the same physical location and
owned by the same company or individual. A separate copy
of CheckWriter Single User version must be purchased for each
and every machine where the CheckWriter™ Software is
installed.
Installing CheckWriter™ Single User version for use on more
than one client machine without proper license is prohibited and
illegal in the United States and Canada. CheckWriter is not
intended for use outside of North America. You agree that if
you notify yourfavorite.com that more than one copy of the
single user version of CheckWriter™ Software is installed
without a license, yourfavorite.com will be authorized to bill
you, the user for additional licenses and/or fees and payment is
expected within 30 days.
CheckWriter™ Network Edition Software can be installed
on multiple client machines on a LAN or Local Area
Network. CheckWriter™ Network Edition Software includes
a "site license" allowing multiple installations at
any one physical address. Up to 3 users are included and
additional seats are sold separately. Installing CheckWriter™ Network
Edition for use at more than one physical address,
or using more than the standard 3 users without proper license is prohibited, and illegal in the United
States and Canada. You agree that if you notify
yourfavorite.com that more than one copy of the CheckWriter™
Network Edition Software is installed at a separate physical
location without a license, yourfavorite.com will be authorized
to bill you, the user for additional licenses and/or fees.
CheckWriter™ Network Edition has a
maximum number of 10 users.
CheckWriter™ Enterprise Edition Software can be installed
on multiple client machines on a LAN or Local Area
Network. CheckWriter™ Enterprise Edition Software includes
a "site license" allowing multiple installations at
any one physical address. Up to 10 users are included and
additional seats are sold separately. Installing CheckWriter™
Enterprise
Edition for use at more than one physical address,
or using more than the standard 10 users without proper license is prohibited, and illegal in the United
States and Canada. You agree that if you notify
yourfavorite.com that more than one copy of the CheckWriter™
Enterprise Edition Software is installed at a separate physical
location without a license, yourfavorite.com will be authorized
to bill you, the user for additional licenses and/or fees.
The Upgrade
Version of CheckWriter™ Software is offered to verified
owners of any prior version of the software with proof of
purchase, or purchase record on file. The upgrade is
offered as a full version, not a limited version, and will not
require presence of a prior installation, although it will
transfer all prior information if properly backed up. The
upgrade versions come with no telephone support as specified in
"Support."
CheckWriter™
Support - Support on this
product is offered for the life of the release [6.xx] at no
charge via the support ticket system, managed by
yourfavorite.com.
Telephone support covers
all technical issues and does not include product training time,
'walk-through', assisted standard installation, nor does it
include diagnostics for virus or spyware related issues.
The support system can be accessed via this link:
yourfavorite.com/help.
Free Telephone Support:
Phone support is offered by calling 617-859-8998, except Federal
and State holidays, and quarterly staff development days -
Monday through Friday 9 a.m. to 4 p.m. Eastern time.
Promise for resolution and/or time for action, is 24 business
hours.
- CheckWriter™
Basic Edition offers online support only via the support ticket
system. Telephone support is not offered for this product.
- CheckWriter™
Single User Version, Network Edition, and Enterprise Edition
full version (not upgrade)
offer 30 days free telephone technical support as specified on
your invoice.
Pay-Per-Issue Telephone Support:
If phone support is offered on your version, once your free
support has expired, pay-per-issue support is offered by
telephone by calling
617-859-8998, except Federal and State holidays, and quarterly
staff development days - Monday through Friday 9 a.m. to 4 p.m.
Eastern time. This service is on a call back basis and must be
purchased at current support rates. To request
pay-per-issue phone support, go to checkwriter.net and place an
order for this service. Promise for resolution and/or time for
action, is 24-48 business hours.
LIMITATION
OF OBLIGATIONS AND LIABILITY
Yourfavorite.com
will utilize its best efforts to maintain acceptable performance
of services contracted for services, but yourfavorite.com makes
absolutely no warranties whatsoever, express or implied,
including warranty of merchantability or fitness for a
particular purpose. Yourfavorite.com cannot guarantee continuous
service, service at any particular time, or integrity of data
stored or transmitted via its system, via the Internet or using
software products where information is stored. Yourfavorite.com
will not be liable for the inadvertent disclosure of, or
corruption, or erasure of, data transmitted or received or
stored on its system or products.
Yourfavorite.com
shall not be liable to Customer or any of its customers for any
claims or damages which may be suffered by Customer or its
customers, including, but not limited to, losses or damages of
any and every nature, resulting from the loss of data,
corruption of data, inability
to access Internet, the software, or inability to transmit or
receive information, inability to access information in a
database, or improper use, or improper printing of drafts or
checks, or
service caused by, or resulting from, delays, non-deliveries,
incorrect data, or
service interruptions, associated with a yourfavorite.com software product,
whether or not caused by the fault or
negligence of yourfavorite.com.
Yourfavorite.com
makes no guarantee that checks or drafts printed by the software
will have available funds or that checks or drafts are actually
valid when created with CheckWriter
Software. Youfavorite.com will not be liable for returned check
charges or any other banking fees accrued while using the
CheckWriter™ software
Customer will take all
necessary measures to preclude yourfavorite.com from being made
a party to any lawsuit or claim regarding yourfavorite.com
services provided to any Customer or end user. Customer hereby
agrees to indemnify and hold harmless yourfavorite.com from any
and all claims of whatever nature brought by any of Customer's
customers against yourfavorite.com.
PROPERTY
RIGHTS
Yourfavorite.com
owns all right, title and interest in yourfavorite.com’s trade
names, service marks, inventions, copyrights, trade secrets,
patents, and know-how relating to the design, function, or
operation of Plans and of the hardware and software systems and
resources necessary to provide the individual service elements
of which they consist. This agreement does not constitute a
license to Customer to use yourfavorite.com's trade names or
service marks. The use by Customer of the other property rights
mentioned here is authorized only for the purposes of using the CheckWriter™
Software.
CONFIDENTIALITY
Customer
acknowledges that by reason of its relationship with
yourfavorite.com hereunder, it may have access to certain
information and materials relating to yourfavorite.com’s
business, plans, customers, software technology, and marketing
strategies that is confidential and of substantial value to
yourfavorite.com, which value would be impaired if such
information were disclosed to third parties. Customer agrees
that it will not use in any way for its own account nor for the
account of any third party, nor disclose to any third party, any
such information revealed to it by yourfavorite.com. This
includes use of pieces of CheckWriter™
software or CheckWriter™ as a whole in the development of
other software systems or similar projects.
Customer further agrees that it will take every reasonable
precaution to protect the confidentiality of such information.
In the event of termination of this agreement, there shall be no
use or disclosure by the Customer of any such confidential
information in its possession, and all confidential materials
shall be returned to yourfavorite.com or destroyed. The
provisions of this section shall survive the termination of the
agreement for any reason. Upon any breach or threatened breach
of this section, yourfavorite.com shall be entitled to
injunctive relief, which relief shall not be contested by
Customer.
OTHER CONDITIONS
Other conditions and terms apply to this license agreement,
including the official "Terms of Service" as published
at the yourfavorite.com website. yourfavorite.com/about/tos.htm.
NONASSIGNABILITY
Customer's rights
and obligations under this agreement may not
be transferred or assigned directly or indirectly
without the prior
written consent of yourfavorite.com. CheckWriter™
Software cannot be sold or transferred in any way to a third
party once it has been purchased and installed by the original
Customer.
PARTIAL
INVALIDITY
If any provision of
this agreement is held to be invalid by Suffolk Superior Court
in Boston or any other court where proceeding regarding this
contract may be held, then the remaining provisions shall
nevertheless remain in full force and effect. yourfavorite.com
and Customer agree to renegotiate in good faith any term held
invalid and to be bound by mutually agreed substitute provision.
ENTIRE
AGREEMENT; MODIFICATIONS
This agreement sets
forth the entire agreement and understanding between the parties
and merges all prior discussion between them. yourfavorite.com
may make changes to this agreement upon thirty (30) days'
written notice to Customer, advising of the change and the
effective date thereof.
Utilization of
yourfavorite.com services and use of the CheckWriter™
Software by Customer and/or
its Customers, following the effective date of such change shall
constitute acceptance by Customer of such change(s).
CheckWriter™
Software is ©Copyright 1996-2010, all rights reserved.
Reproduction in full or part is strictly prohibited.
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