License Agreement for Capital Business Plan Basic online business plan software from Start-Up Software LLC and DIYBizPlan.com.
Thank you for selecting Capital Business Plan Basic software (the “Software”) to complete your business plan. This license agreement (“End User License”) is a contract between you and Start-Up Software LLC (“Start-Up Software LLC”, “we” “our”, “us”). It sets forth the terms and conditions that apply to your use of the Software and associated services identified in Section 4 below (“Services”). If you do not accept this End User License, you will not be able to use the Software.
1. License Grant. Start-Up Software LLC grants a personal, limited, non-exclusive, non-transferable license to use the Software solely to prepare a business plan and financial projection.
The terms “you”, “your” or “user” are synonymous, and refer to the person using the Software in any way. A “registered user” is a user from whom Start-Up Software has received the information necessary to permit such person to use the online business plan software and who complies with the terms and conditions of this End User License.
You are not licensed or permitted under this End User License to do any of the following: (i) attempt to access any other Start-Up Software's systems, programs or data that are not made available for public use; (ii) use our free public software to prepare business plans on a professional or commercial basis (iii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the DIYBizPlan.com site or the Capital Business Plan Basic Software; (iv) decompile, disassemble, or otherwise reverse engineer the Software except as otherwise permitted by applicable law or (iv) attempt any actions that would prevent the use of Software by the public.
1.1 If you obtained a license for the free version of the Software, there may be additional fees and limitations on your use of the features and functionality, stated within the Software.
1.2 You must indemnify and defend Start-Up Software LLC against any claims or lawsuits, including attorneys' fees that arise from or result from the use of the Software on a professional or commercial basis.
2. Reservation of Rights and Ownership. The Software is licensed not sold, and Start-Up Software LLC reserves all rights not expressly granted to you in this End User License. The Software is protected by copyright, trade secret and other intellectual property laws. Start-Up Software LLC and its licensors own the title, copyright, and other intellectual property rights in the Software. This End User License does not grant you any rights to trademarks or service marks of Start-Up Software LLC
3. Help and Support. Please use the “Contact Us” mechanism to provide feedback, suggestions and ideas, if you choose, about its online products and services. You agree that Start-Up Software LLC may, in its sole discretion, use the Feedback you provide to Start-Up Software LLC in any way, including in future modifications of Capital Business Plan Basic, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant Start-Up Software LLC a perpetual, worldwide, fully transferable, non-revocable, royalty free license to use, modify, create derivative works from, distribute and display any information you provide to Start-Up Software LLC in the Contact Us dialogue box.
4. Third Party Services. The Software and Services may contain or reference links to third party websites. Some of those links are provided as a convenience only. The inclusion of any link is not and does not necessarily imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Start-Up Software LLC or its Suppliers (defined below) of any information contained in any third party website. In no event will Start-Up Software LLC or its Suppliers be responsible for the information contained in such third party website or for your use of or inability to use such website. Access to any other website is at your own risk, and you should be aware that linked websites may contain terms and privacy policies that are different from those of Start-Up Software LLC and its Suppliers. Neither Start-Up Software LLC nor its subsidiaries are responsible for such provisions, and expressly disclaim any liability for them.
You are responsible for providing, at your expense, any access to the Internet and any required equipment. Further, Start-Up Software LLC may at any time change or discontinue any aspect, availability or feature of the Services.
5.0 User ID and Password Security. You are the only person authorized to use your user ID and password and for maintaining the confidentiality of your user ID and password. You shall not permit or allow other persons to have access to or use your user ID and password, except if you choose to provide that information to Start-Up Software LLC's authorized technical support personnel to assist you. You are responsible for the use of the Software under your user ID. Start-Up Software LLC will not disclose your password if you lose or forget it we will only issue a new temporary password.
6.0 Privacy of Personal and Business Plan Information. Start-Up Software LLC will not sell or distribute your information to any other third party for any reason. Internally generated communication from Start-Up Software LLC may contain offers from partners, subsidiaries, third parties and/or other affiliates but those emails will never come from another source other than the Start-Up Software LLC owned domains (see diybizplan.net for a list of our subsidiaries). Questions about the Capital Business Plan Basic Privacy Statement, our information practices or other aspects of privacy should be directed to firstname.lastname@example.org
You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party access to your computer.
7.0 LIMITATION OF LIABILITY AND DAMAGES. YOU AGREE THAT IN NO EVENT WILL START-UP SOFTWARE LLC BE LIABLE FOR ANY LOSS, COST, LIABILITY OR DAMAGE INCURRED AS A RESULT OF YOUR RECEIPT OF OR PARTICIPATION IN THIRD PARTY SERVICES. ADDITIONALLY THE ENTIRE CUMULATIVE LIABILITY OF START-UP SOFTWARE LLC AND ITS SUPPLIERS FOR ANY REASON ARISING FROM OR RELATING TO THIS END USER LICENSE SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR SERVICES, AS APPLICABLE, TO START-UP SOFTWARE LLC OR ITS AUTHORIZED RESELLER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, START-UP SOFTWARE LLC AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT, TAX POSITIONS TAKEN BY YOU, INABILITY TO COMPLETE YOUR BUSINESS PLAN, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF START-UP SOFTWARE LLC OR ITS SUPPLIERS 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. IN NO EVENT DOES START-UP SOFTWARE LLC ASSUME ANY LIABILITY TO ANY PARTY ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE OR SERVICES.
8.0 DISCLAIMER OF WARRANTIES. THE SOFTWARE AND SERVICES ARE PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, START-UP SOFTWARE LLC, ITS AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, RETAILERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL GUARANTEES AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE OR SERVICES, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT. START-UP SOFTWARE LLC DOES NOT WARRANT THAT SOFTWARE OR SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER PROGRAM LIMITATIONS.
9.0 Consent to Conduct Business Electronically (“Consent”)
(a) Consent to Electronic Communications. Start-Up Software LLC may be required by law to send “Communications” to you that may pertain to the Software, the use of information you may submit to Start-Up Software LLC, and the Services you choose. You agree that Start-Up Software LLC, on behalf of itself may send Communications to you by email and/or may make Communications available to you by posting them at one or more of our sponsored websites, such as www.diybizplan.com. You Consent to receive these Communications electronically.
From time to time Start-Up Software LLC may send out communications with special offers from our partners, affiliates and other third parties. You may opt out of these services by choosing opt out during your initial registration or by choosing “edit profile” and selecting to opt out from there.
The term “Communications” means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Software, the Services, or your business plan.
(b) Consenting to Do Business Electronically. The decision whether to do business electronically is yours, and you should consider whether you have the required hardware and software capabilities described below. Your consent to do business electronically, and our agreement to do so, applies to this End User License, the Software and any applicable Services.
(c) Hardware and Software Requirements. In order to access and retain an electronic record of Communications, you will need: a computer, a monitor, a connection to an Internet service provider, an Internet browser software that supports 128-bit encryption, and an e-mail address. By selecting the “I accept and agree to the terms of the License Agreement” button, you are confirming to us that you have the means to access, and to print or download, Communications. We do not provide ISP services. You must have your own Internet service provider.
(d) Withdrawal of Consent. If you later decide that you do not want to receive future Communications electronically, email us with your request to email@example.com. If you withdraw your consent to receive Communications electronically, we may terminate your use of one or more of the Services.
(e) Changes to Your Email Address. You agree to notify us promptly of any change in your email address. You can do so by logging on to your account and following the instructions to change your user profile.
10.0 BY USING THE ONLINE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND START-UP SOFTWARE LLC WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND START-UP SOFTWARE RELATING TO THE LICENSED SOFTWARE.
Questions. You can contact Start-Up Software LLC, Inc. firstname.lastname@example.org if you have a question or concern about any product or service we sell over the Internet.