Application Software Terms of Use

IMPORTANT - READ CAREFULLY:  THIS SOFTWARE TERMS OF USE ("TOU"), AKA SOFTWARE END USER LICENSE AGREEMENT ("EULA"), APPLIES TO SOFTWARE COMPUTER PROGRAMS OR APPLICATIONS THAT MADE EASY ENTERPRISES LLC DEVELOPS, SELLS, PROVIDES, AND/OR DISTRIBUTES UNDER ITS BRAND NAME, MADE EASY ENTERPRISES. THIS TOU OR EULA DOES NOT APPLY TO ANY THIRD-PARTY SOFTWARE THAT MAY BE INTEGRATED INTO THE SOFTWARE COMPUTER PROGRAM OR APPLICATION.

IMPORTANT - READ CAREFULLY:  THIS APPLICATION SOFTWARE TOU (EULA) IS A LEGAL AGREEMENT BETWEEN THE CUSTOMER OR BUYER, AND MADE EASY ENTERPRISES LLC. READ IT CAREFULLY BEFORE USING THE SOFTWARE COMPUTER PROGRAM OR APPLICATION. BY USING THE SOFTWARE COMPUTER PROGRAM OR APPLICATION, ITS DOCUMENTATION, ACCOMPANYING FILES, AND/OR ANY RELATED MATERIALS YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL OR USE THIS SOFTWARE.

IMPORTANT - READ CAREFULLY:  THIS VERSION OF THE SOFTWARE COMPUTER PROGRAM OR APPLICATION MAY NOT BE COMPATIBLE WITH PREVIOUS VERSIONS OF THE SOFTWARE THAT YOU MAY HAVE INSTALLED ON YOUR COMPUTER SYSTEM. WHILE WE ATTEMPT TO PROVIDE BACKWARD COMPATIBILITY, WE CANNOT GUARANTEE THIS. IF YOU HAVE A PREVIOUS VERSION OF THE SOFTWARE INSTALLED ON YOUR COMPUTER SYSTEM, IT IS RECOMMENDED THAT YOU FIRST BACKUP AND SAVE ANY DATA THAT WAS CREATED BY THE PREVIOUS VERSION AND THEN UNINSTALL THAT VERSION BEFORE INSTALLING THE NEW VERSION OF THE SOFTWARE. PROCEEED WITH THE INSTALLATION OF THE NEW VERSION AT YOUR OWN RISK IF YOU DO NOT SAVE YOUR DATA AND THEN UNINSTALL THE PREVIOUS VERSION. DATA MAY BE LOCATED IN THE "Made Easy Enterprises" FOLDER UNDER THE USER'S HOME FOLDER. FOR EXAMPLE, FOR MICROSOFT WINDOWS, IT MAY BE LOCATED IN <root>\Users\<username>\Made Easy Enterprises AND FOR MAC OS X, IT MAY BE LOCATED IN /Users/<username>/Made Easy Enterprises.


1. DEFINITIONS

(a) "Software" means the software computer program or application in executable or runnable form, including its documentation, any accompanying files, and related materials that are delivered or downloaded to you, and any subsequent versions or upgrades received as a result of having purchased the software.

(b) "Use", "Used", Or "Using" the Software means installing, loading, executing, running, displaying, performing and/or transmitting the software.

(c) "Buyer" or "Licensee" shall be taken as the original purchaser of the software.

(d) "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.


2. GRANT OF LICENSE

Subject to the terms and conditions of this EULA, Made Easy Enterprises LLC (the "Licensor") hereby grants you (the "Licensee" or "Buyer") a non-sublicensable, non-exclusive, non-transferable license to use one copy of the software on one computer. You may make backup copies of the software provided the backup copies are not installed or used, and are only stored for archival purposes. The software may not be used on multiple computers. A separate license is required for each computer on which the software is used. A license for the software may not be shared or used concurrently on different computers.


3. RESTRICTIONS

The software is licensed, not sold. You agree that you will not, and will not allow any third party to:

(a) copy, reproduce, transmit, modify, adapt, translate (into any language, natural or computer), reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the software, or create derivative works from the software,

(b) rent, lease, loan, give, sublicense the software,

(c) install or use the software on a network server,

(d) resell, transfer, distribute or otherwise make accessible the software, except as set forth in section 2.0.


4. COPYRIGHT

The software, accompanying files, and documentation are the property of Made Easy Enterprises LLC and are protected by United States copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.


5. TERMINATION

Without prejudice to any other rights of Made Easy Enterprises LLC, your rights under this EULA will be terminated automatically without notice if you fail to comply with any terms and conditions of this EULA. In such event, you must destroy all copies of the software, accompanying files, documentation, and any related materials.


6. UPGRADES AND NEW VERSIONS

Upgrades and/or new versions of the software are optional and may be provided by Made Easy Enterprises LLC for free or for an additional fee. While we attempt to provide backward compatibility for upgrades and new versions, we cannot guarantee this.


7. INDEMNITY

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Made Easy Enterprises LLC and its subsidiaries, members, directors, officers, employees, agents, affiliates, and its distributors, suppliers, third party providers and vendors from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the software, including your downloading, installation, or use of the software, or your violation of these terms and conditions.


8. DISCLAIMER OF WARRANTY

THIS SOFTWARE, ITS DOCUMENTATION, AND THE ACCOMPANYING FILES ARE LICENSED TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MADE EASY ENTERPRISES LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, MADE EASY ENTERPRISES LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MADE EASY ENTERPRISES LLC OR AN AUTHORIZED REPRESENTATIVE OF MADE EASY ENTERPRISES LLC SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU AND NOT MADE EASY ENTERPRISES LLC ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

MADE EASY ENTERPRISES LLC RESERVES THE RIGHT AT ANY TIME TO CEASE THE SUPPORT OF THE SOFTWARE AND TO ALTER PRICES, FEATURES, SPECIFICATIONS, CAPABILITIES, FUNCTIONS, LICENSING TERMS, RELEASE DATES, GENERAL AVAILABILITY OR OTHER CHARACTERISTICS OF THE SOFTWARE.


9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MADE EASY ENTERPRISES LLC AND ITS SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR ITS DISTRIBUTORS OR SUPPLIERS, OR ANY THIRD PARTY PROVIDERS AND VENDORS, BE LIABLE FOR ANY INCIDENTAL, COMPENSATORY, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, INCOME, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THIS EULA OR LICENSEE'S USE OF THIS SOFTWARE, EVEN IF MADE EASY ENTERPRISES LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MADE EASY ENTERPRISES LLC AND ITS SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND ITS DISTRIBUTORS, SUPPLIERS, AND ANY THIRD PARTY PROVIDERS AND VENDORS TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID FOR THIS LICENSE TO THE SOFTWARE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

FURTHERMORE, THIS SOFTWARE, ITS DOCUMENTATION, AND THE ACCOMPANYING FILES PROVIDED BY MADE EASY ENTERPRISES LLC ARE FOR INFORMATION AND EDUCATION ONLY. THE SOFTWARE, ITS DOCUMENTATION, AND THE ACCOMPANYING FILES, AND THE INFORMATION, DATA, AND CONTENT THAT IS CREATED, PROVIDED OR PRESENTED BY USING THE SOFTWARE AND ACCOMPANYING FILES, DOES NOT CONSTITUTE ADVICE (LEGAL, FINANCIAL, TAX, INVESTMENT OR OTHER PROFESSIONAL ADVICE, ETC.) AND YOU SHOULD NOT RELY ON ANY OF THIS MATERIAL TO MAKE (OR REFRAIN FROM MAKING) ANY DECISION OR TAKE (OR REFRAIN FROM MAKING) ANY ACTION. YOU ARE SOLELY RESPONSIBLE FOR MAKING ANY LEGAL, FINANCIAL, TAX, INVESTMENT OR OTHER DECISIONS, OMISSIONS, OR ACTIONS BASED ON YOUR SPECIFIC CIRCUMSTANCES, AND WE HAVE NO LIABILITY. IT IS UP TO YOU TO CONDUCT YOUR OWN INDEPENDENT RESEARCH. YOU SHOULD CONSULT YOUR ATTORNEY, FINANCIAL, TAX, INVESTMENT ADVISER, OR OTHER PROFESSIONAL OR AUTHORITY IN THE APPROPRIATE FIELD WHEN EVALUATING THE INFORMATION, DATA OR CONTENT THAT IS CREATED, PROVIDED OR PRESENTED BY THE SOFTWARE AND ACCOMPANYING FILES.

ALL DEFAULT PROGRAM VALUES SHOWN AT PROGRAM STARTUP ARE HYPOTHETICAL.


10. EXPORT CONTROL

Licensee shall comply with all applicable export laws, restrictions and regulations of the United States or the applicable foreign agency or authority. Licensee will not export or re-export or allow the export or re-export the software, or any product, technology, or information it obtains or learns of pursuant to this EULA in violation of any such laws, restrictions or regulations.


11. U.S. GOVERNMENT RESTRICTED RIGHTS

The software, accompanying files, and documentation are provided with RESTRICTED RIGHTS. The use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subdivision (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at 52.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48CFR52.227-19.


12. GENERAL

(a) If any provision of this EULA is held to be invalid or unenforceable, that shall not affect the validity or enforceability of the remaining provisions. This EULA shall be governed by the laws of the State Of Pennsylvania, United States Of America, without regard to any conflict of laws provisions.

(b) All rights not expressly granted in this EULA are reserved by Made Easy Enterprises LLC.

 

13. THIRD PARTY SOFTWARE NOTICES AND/OR ACKNOWLEDGEMENTS

The software may include or distribute additional software supplied by third parties, which is subject to a separate license. This section documents Third Party Software Notices and/or Acknowledgements which in turn may impose additional license terms and conditions of the third party software. These notices and/or acknowledgements are incorporated by reference into this End User License Agreement.

Third parties open source software is often free and licensed under the terms of the GNU General Public License (GPL) or the GNU Library/Lesser General Public License (LGPL). The GPL/LGPL software is distributed without warranty. For generic text and additional information regarding these licenses refer to http://www.gnu.org.

(a) dynamicreports 3.1.0 or above is free software that may be included with this software, and is licensed under the terms GNU LESSER GENERAL PUBLIC LICENSE Version 3, 29 June 2007. Refer to file dynamicreports3.1.0.license in the software installation folder and to http://www.dynamicreports.org for additional information.

(b) jasperreports 4.7.1 or above is free software that may be included with this software, and is licensed under the terms GNU LESSER GENERAL PUBLIC LICENSE Version 3, 29 June 2007. Refer to file jasperreports4.7.1.license in the software installation folder.

(c) Apache Commons IO 2.4 may be included with this software, and is licensed under Apache Commons IO License. Refer to file apache2.4.license in the software installation folder and to http://www.apache.org/licenses for additional information.

(d) Zip4j may be included with this software, and is released under Apache License, Version 2.0. Refer to http://www.apache.org/licenses/LICENSE-2.0 for additional information.

(e) Oracle Java SE (Standard Edition) and/or Java Runtime Environment (JRE) may be distributed with this software. Refer to one or more of the following for additional information on Oracle license agreements:

Oracle Java SE Licensing FAQ - www.oracle.com/technetwork/java/javase/overview/oracle-jdk-faqs.html
Binary Code License Agreement for Java SE Platform Products - www.oracle.com/downloads/licenses/binary-code-license.html
Oracle Technology Network License Agreement for Oracle Java SE - www.oracle.com/downloads/licenses/oracle-javase-license.html

(f) Oracle's OpenJDK releases under the open source GNU General Public License v2, with the Classpath Exception (GPLv2+CPE)(since Java 9). Refer to http://openjdk.java.net/legal/gplv2+ce.html for additional information.

Last Updated: 12-19-2024