READ CAREFULLY BEFORE INSTALLING OR OTHERWISE USING THE CWD Portal (tm) SOFTWARE. BY INSTALLING OR USING THE CWD Portal (tm) SOFTWARE YOU ARE INDICATING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
1. SOFTWARE LICENSE.
You are being granted the non-exclusive right to use the CWD Portal (tm) software program (the "Program"). The Program can only be used on a single computer. You may physically transfer the Program from one computer to another provided that the Program is used on only one computer at a time. You may not electronically transfer the Program from one computer to another over a network. You may not distribute copies of the Program or any manuals or other written material relating to the Program (the "Documentation")to others. You may not modify or translate the Program or the Documentation without the prior written consent of CASH-WA DISTRIBUTING CO.. YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE PROGRAM OR THE DOCUMENTATION, OR ANY COPY, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.
2. BACKUP AND TRANSFER.
You may make one (1) copy of the Program solely for backup purposes. You must reproduce and include the copyright notice on the backup copy. You may not rent or lease the Program or the back-up copy.
3. COPYRIGHT.
The Program and the Documentation are copyrighted. You may not copy the Program or the Documentation except for backup purposes as provided in Paragraph 2 above and to load the Program into the computer as part of executing the Program. All other copies of the Program and the Documentation are in violation of this Agreement.
4. TERM.
This license is effective until terminated. You may terminate it by destroying the Program and Documentation and all copies thereof. This license will also terminate if you fail to comply with any term or condition of this Agreement. You agree, upon such termination, to destroy all copies of the Program and Documentation.
5. LIMITED WARRANTY.
Cash-Wa Distributing Co. warrants that for a period of ninety (90) days from the date of shipment, the Program will perform substantially in conformance with the software descriptions and specifications distributed by Cash-Wa Distributing Co. regarding the Program in effect as of the date of shipment. CASH-WA DISTRIBUTING CO. DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULT OF THE USE OF, THE PROGRAM IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE, AND YOU RELY ON THE PROGRAM AND RESULTS SOLELY AT YOUR OWN RISK.
Cash-Wa Distributing Co. sole obligation, and your SOLE REMEDY, for any breach of the above limited warranty shall be for Cash-Wa Distributing Co., at its option, to repair or replace the Program or to issue credit for the purchase price of the alleged defective Program; provided that Cash-Wa Distributing Co. has been promptly notified in writing concerning the alleged defect as provided below.
You must notify Cash-Wa Distributing Co. in writing of any alleged defect in the Program during the warranty period and within ten (10) days after your discovery of the alleged defect. You shall return any alleged defective Program, together with your receipt of purchase, to Cash-Wa Distributing Co., F.O.B. Cash-Wa Distributing Co. manufacturing plant, after you have received a return authorization (RMA) from Cash-Wa Distributing Co. You shall identify the defect in such manner, and provide such other documentation, as a Cash-Wa Distributing Co. reasonably may require. You shall pay for all costs incurred in returning the allegedly defective Program to Cash-Wa Distributing Co. All returned Programs become the property of Cash-Wa Distributing Co.
THE LIMITED WARRANTY SET FORTH ABOVE SHALL NOTAPPLY TO ANY PROGRAM WHICH HAS BEENABUSED,ALTERED,MODIFIED, USED IN A MANNER NOT ORIGINALLY INTENDED, OR STORED IN A MANNER CONTRARY TO CASH-WA DISTRIBUTING CO.'s WRITTEN INSTRUCTIONS.
This limited warranty expires absolutely at the end of the limited warranty time period specified above and no claim for breach of warranty may be asserted after the end of such period.
Cash-Wa Distributing Co. reserves the right to change, amend, alter or modify this limited warranty in writing from time to time in its sole discretion. Any such changes, amendments, alternations or modifications shall be binding upon you effective upon the delivery of written notice by Cash-Wa Distributing Co. to you of such change, amendment, alteration or modification.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, CASH-WA DISTRIBUTING CO. HEREBY DISCLAIMS, AND YOU HEREBY EXPRESSLY WAIVE, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE OR ANY OTHER MATTER. No agent, employee or representative of Cash-Wa Distributing Co. has any authority to bind Cash-Wa Distributing Co. to any affirmation, representation or warranty except as stated in this Agreement.
NEITHER CASH-WA DISTRIBUTING CO. NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PROGRAMMING OR DELIVERY OF THE PROGRAM SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE, THE RESULTS OF THE USE, OR INABILITY TO USE SUCH PROGRAMS EVEN IF RESULTING FROM A MALFUNCTION IN THE PROGRAM AND EVEN IF CASH-WA DISTRIBUTING CO. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM; INCLUDING, WITHOUT LIMITATION, ANY BREACH OF SECURITY RELATING TO DOCUMENTS OR INFORMATION WHICH OCCURRED DURING THE USE OF THE PROGRAM.
6. GENERAL.
This License Agreement shall be governed by the laws of the State of Nebraska, without application of its conflicts of law principles, and shall inure to the benefit of Cash-Wa Distributing Co., its successors, and assigns.
7. ACKNOWLEDGEMENT.
YOU AGREE THAT THIS AGREEMENT, TOGETHER WITH CASH-WA DISTRIBUTING CO. STANDARD TERMS AND CONDITIONS, IS THE COMPLETE AND EXCLUSIVE CONTRACT BETWEEN US AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, VERBAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE PROGRAM.
Limitations of Liability and Damages
The entire liability of Cash-Wa Distributing Co. for any reason shall be limited to the amount paid by the customer for the software licensed from Cash-Wa Distributing Co. or its authorized reseller. To the maximum extent permitted by applicable law, Cash-Wa Distributing Co. and its representatives are not liable for any indirect, special, incidental, consequential damages (including, but not limited to: Damages for loss of business, loss of profits or investment, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if Cash-Wa Distributing Co. or its representatives have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose, Cash-Wa Distributing Co. and its representatives' total liability to you for actual damages for any cause whatsoever will be limited to the amount paid by you for this software. Some states do not allow the limitation and/or exclusion of liability for incidental or censequential damages, so the above limitation or exclusion may not apply to you.
