PROFILE MAKER 4.0 ™ End User License Agreement
End-User License Agreement For AutoProf.com Software IMPORTANT - READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and AutoProf.com for the software product identified above, which includes Computer Software and may include associated Registration Key Set(s) (“KEYSET”), media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT and return it to your place of purchase for a full refund. THIS IS THE ENTIRE AGREEMENT BETWEEN YOU AND AUTOPROF.COM. ALL TERMS OF ALL FORMER AGREEMENTS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED AND IN WHATEVER FORM, ARE HEREBY EXPRESSLY WAIVED BY YOU; PROVIDED, HOWEVER, ANY SPECIFIC PAYMENT OBLIGATIONS BY YOU IN ANY FORMER OR CONTEMPORANEOUS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT. Use of Profile Maker software, whether under the Evaluation Software License, Not For Resale Software License, Registered Software License, Pooled Software License, or Demonstration License, is bound by this agreement. If you have not received a KEYSET directly from AutoProf.com, its successors or assigns, or an authorized AutoProf.com Value-Added Reseller or Distributor, you are bound under the “Evaluation Software Product” license contained in paragraph 1.a below. If you have been supplied a KEYSET by AutoProf.com or an authorized AutoProf.com Value-Added Reseller or Distributor, you are bound to the Not For Resale Software License, Registered Software License, Pooled Software License, or Demonstration Software License, as distinguished by the KEYSET supplied and the references contained below. For the purposes of this EULA “User Account” shall be defined as a single user’s email account(s), or in the absence thereof, the user’s network account. SOFTWARE LICENSE The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. 1. GRANT OF LICENSE. In accordance with the terms herein, AutoProf.com grants you a perpetual non-exclusive and non-transferable license with the following rights: a. Evaluation SOFTWARE PRODUCT. The SOFTWARE PRODUCT may have been provided to you by AutoProf.com or its Authorized Value-Added Reseller or Distributor in exchange for no consideration (“Evaluation SOFTWARE PRODUCT”). You may install the Evaluation SOFTWARE PRODUCT on a Network, Personal Computer or other microprocessorbased information technology system for the exclusive purpose of evaluating whether you wish to purchase the SOFTWARE PRODUCT. Use of the Evaluation SOFTWARE PRODUCT is limited to the configuration of one User Account per installation plus any User Account in whose Network User Name exists the word “test”. b. Not For Resale SOFTWARE PRODUCT. The SOFTWARE PRODUCT may have been provided to you by AutoProf.com or its Authorized Value-Added Reseller or Distributor in exchange for no consideration (“Not For Resale SOFTWARE PRODUCT”). Not For Resale SOFTWARE PRODUCT may be identified by the characters “NFR” in the KEYSET supplied. You may install the Not For Resale SOFTWARE PRODUCT on a Network, Personal Computer or
other microprocessor-based information technology system for the purpose of evaluating whether you wish to purchase additional licenses, and/or recommend the SOFTWARE PRODUCT to others. You may only use the Not For Resale SOFTWARE PRODUCT with the number of User Accounts identified in the KEYSET supplied to you by AutoProf.com. Use of the Not For Resale SOFTWARE PRODUCT is limited to use on your own computer Network by your own employees. c. Registered SOFTWARE PRODUCT. Upon the purchase of the SOFTWARE PRODUCT from AutoProf.com, or its Authorized Value-Added Reseller or Distributor, AutoProf.com, or its Authorized Value-Added Reseller or Distributor, will provide you with a KEYSET for use with the SOFTWARE PRODUCT (“Registered SOFTWARE PRODUCT”). You may only use the Registered SOFTWARE PRODUCT with the number of User Accounts identified in the KEYSET supplied to you by AutoProf.com, or an authorized AutoProf.com ValueAdded Reseller or Distributor, at the time of purchase. Consistent with the terms of this EULA, you may install copies of the Registered SOFTWARE PRODUCT necessary for proper implementation on your Network, Personal Computer or other microprocessor-based information technology system. The licensing requirement for User Accounts is based upon the total quantity of individual User Accounts configured by the SOFTWARE PRODUCT. Limitation on Recycling. Licenses may not be Recycled for use with new User Accounts. d. Pooled SOFTWARE PRODUCT. Upon the purchase of the SOFTWARE PRODUCT from AutoProf.com, or its Authorized Value-Added Reseller or Distributor, AutoProf.com, or its Authorized Value-Added Reseller or Distributor, will provide you with a KEYSET for use with the SOFTWARE PRODUCT in a specifically designated network pool (“Pooled SOFTWARE PRODUCT”), designated by the text “License Pool” in the KEYSET. All User Accounts configured by the SOFTWARE PRODUCT are added to the License Pool until the User Account is removed from the network, at which time the individual license is available for reuse. You may only use the Pooled SOFTWARE PRODUCT for a License Pool of the quantity of User Accounts identified in the KEYSET supplied to you by AutoProf.com, or an authorized AutoProf.com Value-Added Reseller or Distributor, at the time of purchase. Consistent with the terms of this EULA, you may install copies of the Pooled SOFTWARE PRODUCT necessary for proper implementation on your Network, Personal Computer or other microprocessor-based information technology system. e. Demonstration SOFTWARE PRODUCT. The SOFTWARE PRODUCT may have been provided to you by AutoProf.com or its Authorized Value-Added Reseller or Distributor for the purpose of a functional demonstration of the SOFTWARE PRODUCT capabilities ("Demonstration SOFTWARE PRODUCT"). The Demonstration SOFTWARE PRODUCT may be identified by the characters “Demonstration” in the KEYSET supplied to you by AutoProf.com. You may install the Demonstration SOFTWARE PRODUCT on a Network, Personal Computer or other microprocessor-based information technology system for the exclusive purposes of evaluating whether you wish to purchase the SOFTWARE PRODUCT and/or demonstrating the SOFTWARE PRODUCT to others. You may only use the Demonstration SOFTWARE PRODUCT with the number of User Accounts identified in the KEYSET by AutoProf.com, or its Authorized Value-Added Reseller or Distributor. 2. OTHER TERMS AND LIMITATIONS. a. Notice to Users. You shall inform all users of the SOFTWARE PRODUCT of the terms and conditions of this EULA. b. Resale. You may not transfer, resell, or otherwise transfer for value, the SOFTWARE PRODUCT. c. Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
d. Limitation on Reverse Engineering, Decompilation, and Disassembly. You may not Reverse Engineer, Decompile, or Disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. e. Circumvention of Automated License Tracking Mechanism. Attempting to circumvent the Automated License Tracking Mechanism is a violation of this EULA. f. Circumvention of Demonstration Animation. Attempting Demonstration SOFTWARE PRODUCT animation is a violation of this EULA. to disable the
g. Version Limitation. The SOFTWARE PRODUCT is identified by a version number (such as version “2.7”). This EULA permits you to use preceding versions provided that such use is in accordance with the previous version’s applicable EULA. Newer versions must be used in accordance with their applicable license agreements. Current versions of the SOFTWARE PRODUCT are available from AutoProf.com and its Authorized Value-Added Reseller or Distributor. h. Termination. Without prejudice to any other rights, AutoProf.com may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts. i. Support Services. AutoProf.com may provide you with support services related to the SOFTWARE PRODUCT (“Support Services”). Use of Support Services is governed by the AutoProf.com policies and programs described in the user manual, “online” documentation, and/or AutoProf.com provided materials. Any supplemental Software Code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provided to AutoProf.com as part of the Support Services, AutoProf.com may use such information for its business purposes, including for product support and development. AutoProf.com will not utilize such technical information in a form that personally identifies you without your permission. 3. COPYRIGHT. The SOFTWARE PRODUCT is licensed, not sold. Title and copyrights in and to the SOFTWARE PRODUCT accompanying printed materials, and any copies you are permitted to make herein are owned by AutoProf.com. You must treat the SOFTWARE PRODUCT like other copyrighted material (e.g., a book or musical recording) except that you may make copies as necessary for proper implementation of the SOFTWARE PRODUCT on your Network and for Backup purposes. Printed materials may be reproduced as required for Administration of the SOFTWARE PRODUCT. 4. TAXES. You shall, in addition to the other amounts payable under this EULA, pay all sales taxes, federal, state or otherwise, however designated, which are levied or imposed by reason of the transactions contemplated by this EULA. Without limiting the foregoing, you shall promptly pay to AutoProf.com, or its Authorized Value-Added Reseller or Distributor, an amount equal to any such items actually paid, or required to be collected or paid by AutoProf.com, or its Authorized Value-Added Reseller or Distributor. LIMITED WARRANTY LIMITED WARRANTY. AutoProf.com warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by AutoProf.com shall be substantially as described in applicable written materials provided to you by AutoProf.com, and AutoProf.com support engineers will make commercially reasonable efforts to solve any problem. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days.
Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. CUSTOMER REMEDIES. AutoProf.com and its suppliers’ entire liability and your exclusive remedy shall be at AutoProf.com’s option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet AutoProf.com’s Limited Warranty and that is returned to AutoProf.com with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by AutoProf.com are available without proof of purchase from an authorized source. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUTOPROF.COM AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUTOPROF.COM OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF AUTOPROF.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, AUTOPROF.COM’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $5.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO AN AUTOPROF.COM SUPPORT SERVICES AGREEMENT, AUTOPROF.COM’S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. This Agreement is governed by the laws of the State of New Hampshire. Any capitalized term not herein defined shall have the meaning customarily given such term in the computer software industry.