Memorial Assistant Software End User License Agreement

This End-User License Agreement (herein referred to as the "AGREEMENT") is a legal agreement between you, either an individual or a business entity (referred to as the "USER" or “YOU”), and ConsultWare LLC (referred to as the "COMPANY"), regarding the use of Company's software "Memorial Assistant II", which includes software CDs, documentation, information, and programs provided "online" and in electronic form (referred to as the "SOFTWARE").

Before installing the SOFTWARE, carefully read the terms and conditions of this AGREEMENT. By clicking on the "Yes" button and installing the SOFTWARE, all USERS are consenting to be bound by this AGREEMENT. Do not install the SOFTWARE if YOU do not agree to be bound by all of the terms and conditions of this AGREEMENT.

1. GRANT OF LICENSE AND USE OF SOFTWARE: This AGREEMENT is a site licensing agreement, and grants the USER the right to have multiple copies of the SOFTWARE, at one site or location. It grants the right to install as many copies of the SOFTWARE as needed at a single site or location.
2. COPYRIGHT: The SOFTWARE is owned by the COMPANY and is protected by United States copyright laws and international treaty provisions. USERS must treat the SOFTWARE as any other copyrighted material. The COMPANY owns and retains all right, title, and interest in and to the SOFTWARE, including patents, trademarks, copyrights, trade secrets and other intellectual property rights embodied or contained therein. Therefore, USERS may not use, copy, or distribute the SOFTWARE without authorization.
3. RESTRICTIONS: USERS may not rent, lease, license, or loan the SOFTWARE, but may transfer rights under this AGREEMENT permanently, provided USERS transfer this AGREEMENT, the SOFTWARE and all accompanying materials, retaining no registered copies, and the recipient agrees to be bound by the terms and conditions of this AGREEMENT. USERS agree that they will not modify, adapt, translate, reverse engineer, de-compile, disassemble, or otherwise attempt to access the source code of the SOFTWARE. USERS may not make error corrections to the SOFTWARE, or otherwise adapt or modify, or create derivative works based upon the SOFTWARE.
4. FUNCTIONALITY: The SOFTWARE is provided "AS-IS" and is without warranty. USERS assume all risks and responsibilities for selection of the SOFTWARE to achieve your intended results, and for the installation of, use of, and results obtained from the SOFTWARE. The COMPANY makes no warranty that the SOFTWARE will be completely error free or free from interruption or failure, or that it is completely compatible with any particular hardware or software. To the maximum extent permitted by applicable law, the COMPANY disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the SOFTWARE and the accompanying written materials. Some states do not allow limitations on implied warranties, so the above limitation may not apply. The USER hereby acknowledges that the SOFTWARE may become unavailable due to any number of factors including, but not limited to, periodic system maintenance, scheduled or unscheduled, acts of God, technical failure of the SOFTWARE, or delay or disruption attributable to viruses, denial of service attacks, or any other cause reasonably beyond the control of the COMPANY. Therefore, the COMPANY expressly disclaims any express or implied warranty regarding system and/or SOFTWARE availability, accessibility, or performance.
5. LIMITATION OF LIABILITY: No liability for consequential damages. YOU assume the entire cost of any damage resulting from your use of the SOFTWARE and the information contained in or compiled by the SOFTWARE, and the interaction (or failure to interact properly) with any other hardware or software whether provided by the COMPANY or a third party. To the maximum extent permitted by applicable law, in no event will the COMPANY or its suppliers or licensors be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of goodwill, work stoppage, hardware or SOFTWARE disruption, impairment or failure, repair costs, time value or other pecuniary loss) arising out of the use or inability to use the SOFTWARE, or the incompatibility of the SOFTWARE with any hardware, software or usage, even if you have been advised of the possibility of such damages. In no event will COMPANY'S total liability to YOU for all damages in any one or more cause of action, whether in contract, tort or otherwise, exceed the amount paid by YOU for the SOFTWARE. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to YOU.
6. EXPORT RESTRICTIONS: The export and re-export of the SOFTWARE is controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to an country which the United States embargoes goods. In addition, the SOFTWARE may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
7. PRIVACY POLICY AND YOUR INFORMATION: By entering into this AGREEMENT, USERS agree that the COMPANY may collect and retain information about the USER. The COMPANY employs other companies and individuals to perform functions on its behalf. Examples include fulfilling orders, delivering registration keys and sending e-mail, providing marketing assistance, processing credit card payments, and providing customer service. They may have access to personal information needed to perform their functions, but may not use it for other purposes. The COMPANY publishes a privacy policy on its web site and may amend such policy from time to time, in its sole discretion. Refer to the COMPANY'S privacy policy prior to entering into this AGREEMENT. The COMPANY'S privacy policy is provided as a courtesy for informational purposes only and contains statements of the COMPANY'S present guidelines and goals with respect to the collection, retention and use of data the COMPANY may obtain from those who purchase or use the SOFTWARE.
8. RESOLVING DISPUTES: This AGREEMENT is governed by the laws of the United States and the State of Washington, without reference to conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This AGREEMENT shall not be subject to the Uniform Commercial Code. Any dispute between a USER and the COMPANY regarding this AGREEMENT will be subject to the exclusive venue of the state and federal courts in Clark County, State of Washington, USA. This AGREEMENT is the entire agreement between a USER and the COMPANY and supersedes any other communications, oral or written, or advertising with respect to the SOFTWARE and documentation. If any provision of this AGREEMENT is held invalid, the remainder of this AGREEMENT will continue in full force and effect. No provision hereof shall be deemed waived or modified except in a written addendum signed by an authorized representative of the COMPANY.